Articles Posted in Hospital Errors

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A Cook County jury heard evidence in a medical malpractice jury trial related to postoperative physical therapy that was alleged to have caused left knee ligament damage to the patient. The plaintiff in this case was 44-year-old Michele Boucher-Kmiec, who underwent left knee ligament repair surgery at Swedish Covenant Hospital on July 6, 2009. After the surgery, her leg was placed in an immobilizer.

On July 7 and July 8, 2009, the defendant physical therapist Brittany Mynsberge worked with the patient for her physical therapy. The physical therapy order came from Boucher-Kmiec’s surgeon, who did the knee surgery.

In this lawsuit, the plaintiff alleged that physical therapist Mynsberge was negligent in performing range of motion exercises on the post-surgical knee when it was contraindicated. It was also alleged that the physical therapist would have known that such a range of motion exercise was not indicated if she had noticed the immobilizer, which extended from the patient’s buttocks to her toes. It further contended that the defendant physical therapist’s improper therapy caused danger to the repaired medial collateral ligament, which later became infected.

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When the government is the only defendant in a Federal Tort Claims Act, the statute of limitations is two years. It doesn’t matter whether the plaintiff — who is the injured party in a medical negligence case — was a minor at the time of the injury. The statute is clear in that it states that a claim accrues when the plaintiff discovers, or a reasonable person in the plaintiff’s position would have discovered, that she had in fact been injured by an act or omission attributable to the government. The issue in this case was when the two-year countdown started.

Tenille Wallace’s medical-malpractice claim was against two defendants — the federally funded Friend Family Health Center and a private institution, the University of Chicago Hospital. The case presented the 7th Circuit U.S. Court of Appeals with a “new twist” on the usual scenario.

Wallace received prenatal care at the Friend Family Health Center. Her son, E.Y., had a troubled delivery and has been diagnosed as suffering from diplegic cerebral palsy. E.Y. was born at the University of Chicago Hospital on April 4, 2005.

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Ms. Doe, 33, was injured in a car accident. She underwent leg surgery after the car crash. Her uninjured left leg was kept in the hemilithotomy position for more than six hours. While the injured leg was being repaired, which is held straight in traction, the uninjured leg is positioned above and is bent. Because of the position of the good leg, it does require some repositioning during a lengthy surgery like this. However, in this case, Ms. Doe was later diagnosed with compartment syndrome in her left leg, the uninjured leg, which necessitated surgery.

Ms. Doe underwent rehabilitation and was fitted with orthotics, but now she has difficulty walking and climbing stairs. Her medical expenses related to the uninjured left leg were $8,600.

Ms. Doe filed a lawsuit against her treating orthopedic surgeon and the hospital claiming that the defendants chose not to timely reposition her uninjured leg and timely diagnose compartment syndrome. The lawsuit did not request lost income.

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Ms. Doe, 17, experienced back and abdominal pain in her 34th week of the pregnancy. She was admitted to a local hospital where her condition deteriorated over the next several days.

Ms. Doe was then diagnosed as having sepsis and placed on a ventilator. After giving birth to her daughter, Ms. Doe’s respiratory status worsened, prompting a Code Blue. Despite efforts to resuscitate, she suffered a hypoxic brain injury resulting in cognitive impairment. Ms. Doe now requires 24-hour care and lives in a nursing home facility.

The lawsuit against the hospital claimed that the hospital’s respiratory therapists chose not to properly adjust Ms. Doe’s ventilator settings. It was alleged that the settings or the lack of the proper settings was the cause of Ms. Doe’s brain injury. The lawsuit did not claim lost income.

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On March 10, 2007, Ramona Sue Yates was a patient in the emergency room at Memorial Hospital in Carbondale, Ill. She complained of severe back and abdominal pain. The defendant, emergency room physician, Dr. Daniel Doolittle, who was employed by the defendant Legatus Emergency Services, chose not to correctly diagnose or even suspect that Yates was suffering from a bowel obstruction and internal hernia.

Two years earlier, Yates, 47, had undergone gastric bypass surgery. Bowel obstruction is a known complication for patients following the weight-loss surgery.

Dr. Doolittle reportedly misdiagnosed Yates as having back spasms and had her admitted to the hospital for observation. Unfortunately, Yates died from the bowel obstruction the next day, March 11, 2007. She is survived by her husband and an adult son. She was employed as a nurse at a mental health facility.

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Butch Borden, 51, underwent lower back surgery by neurosurgeon Dr. Tom Staner. While Borden was recuperating, he developed weakness and sensory deficits in his legs. Dr. Staner instructed Borden to go to Brookwood Medical Center, where testing there revealed a small hematoma in the lower back. A hematoma is where a pool of blood gathers in an area of the body for different reasons. Borden was then admitted to the hospital.

While overnight in that hospital, Borden developed urinary incontinence and lost the use of both legs. This development was not communicated to any of Borden’s treating physicians, including Dr. Staner.

The next morning, however, Dr. Staner examined Borden and ordered an urgent CT scan and myelogram, which showed a large hematoma, another pool of collecting blood, compressing Borden’s cauda equina. The cauda equina, which is Latin for horse’s tail, is a bundle of spinal nerves and spinal nerve roots that run through the second to fifth lumbar nerves in the back. The compression of the cauda equina is a serious neurological condition and can cause loss of function. The cauda equina syndrome is caused by the compression of nerves at the end of the spinal cord.

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A 65-year-old woman, we’ll call her Ms. Doe, underwent a successful elective surgery at a California hospital and was later transferred to a private room. The woman was stable by midnight that day, but three hours later nurses found her unresponsive. A code blue was called and despite resuscitation efforts, Doe’s condition deteriorated. She died of cardiopulmonary arrest. Doe had been retired and was survived by her husband and two adult children.

The family of Doe sued the hospital and several nurses claiming that a malfunctioning medication pump had caused Doe to receive an overdose of morphine. In addition, the lawsuit claimed that an inadequate pulse oximetry alarms prevented the nurses from timely responding to Doe before she became unresponsive. The defendants denied that they had chosen not to attend to Doe’s hypoxia state in a timely fashion. Before trial, the parties settled for $375,000.

In some cases, morphine, which is an extremely potent pain drug, can give rise to severe and often deadly side effects for patients who have an intolerance to this drug.  There are many effective pain medication alternatives to the use of morphine for patients who have a history of harmful side effects.

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An Alabama medical negligence case that found its way to the state supreme court, arose out of a jury’s verdict in the amount of $3.2 million. The verdict came in favor of the family of Lauree Ellison involving medical malpractice and hospital negligence at Baptist Medical Center East (BMCE).  The trial court denied the defendant’s post judgment motions seeking a new trial, or in the alternative, a reduction in the judgment.  The motion to reduce the verdict amount was based on the statutory cap contained in the Alabama code.

On Sept. 3, 2005, Lauree Ellison was treated in the emergency room as a patient of Baptist Medical Center East in Montgomery, Ala.  She was 73 years old and suffered from a number of chronic pre-existing medical conditions.  Ellison was there for an evaluation after she had fallen at her home. 

While she was in the emergency room, she mentioned that she had a sore throat.  An emergency room physician ordered a strep test, which was negative. The exam lab results showed that Ellison did not have an infection, and the x-rays that were done were unremarkable for injuries from her fall. She was then discharged and returned home.

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The plaintiff in this case, Lee Ann Sharbono, filed a lawsuit claiming medical negligence against the defendant Dr. Mark Hilborn, a board-certified radiologist. In the lawsuit it was alleged that Dr. Hilborn had chosen not to timely diagnose Sharbono’s breast cancer.  After the trial, the jury found for Dr. Hilborn and against Sharbono.  She filed post-trial motions for judgment notwithstanding the verdict, for new trial and for rehearing, all of which the trial court denied. This appeal was taken.

In August 2006, Sharbono was diagnosed with breast cancer in her left breast.  It had spread to her nearby lymph nodes under her left arm. She underwent extensive treatment including a modified radical mastectomy of her left breast.

The lawsuit in this case arose out of a diagnosis that was made by Dr. Hilborn in November 2004.  Sharbono, who was then 39 years old, went to see her primary care physician because she was experiencing fatigue, weight gain, aches and pain.  The doctor ordered a screening mammogram. That mammogram and an ultrasound were claimed to have been misinterpreted.

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Andrew Hanson, 49, was injured at his job.  He went in to see his family practice physician, Dr. Ronald Davis, who diagnosed a crushed injury to his chest.  Hanson then underwent a work-up, which showed a left chest contusion.

The next day, Hanson experienced other symptoms, including shortness of breath.  Dr. Davis told Hanson that his injury would take time to heal. Two days later, Hanson met with Dr. Davis; Hanson was suffering from extreme hypotension (low blood pressure) among other symptoms.  Dr. Davis referred Hanson for a CT scan, and he was then diagnosed as having a heart attack.

He is now totally disabled and unable to continue his job as a truck driver; until his injury and illness, he was earning about $50,000 a year.

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