Articles Posted in Hospital Errors

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On June 22, 2006, Raymone Bowe, a 10-year-old boy, was brought by his mother to the emergency department at Norwegian American Hospital in Chicago with a sore throat, headache and a history of fever and vomiting. Raymone was seen in the ER by the defendant, Dr. Joseph Mejia, an occupational medicine/ophthalmology physician. 

Dr. Mejia diagnosed flu and headache and discharged Raymone with instructions to follow up if his symptoms continued or got worse. Two days later, at 12:19 a.m. on June 24, 2006, Raymone’s mother brought him to the emergency department at John H. Stroger Jr. Hospital of Cook County. She reported that Raymone had  3 days of diarrhea, vomiting and fever. The complete blood count showed Raymone had an elevated white blood count, but he was still discharged with a diagnosis of a viral syndrome. Later that  day, Raymone was taken to Children’s Memorial Hospital, where he was diagnosed with Streptococcus pneumoniae meningitis. Raymone was admitted to the pediatric intensive care unit. 

Because of the delay in treating the meningitis, Raymone sustained complete and permanent hearing loss in both ears resulting in surgeries to insert bilateral cochlear implants. 

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Bozena Smith filed a medical negligence complaint against two doctors who were residents in 2006 when she claims she was injured in postsurgical treatment.

After the fact discovery was done by each of the parties, and the trial judge entered a deadline of Sept. 13, 2010 for the plaintiff to disclose any experts and opinions. Bozena disclosed one expert she had hired to render an opinion. In the Rule 213(f)(3) disclosures, the plaintiff stated that the doctor retained as an expert would provide expert opinions that both the residents, Drs. Murphy and McFadden, deviated from the standard of care in treating Smith, which caused her injuries. 

However, on Nov. 8, 2010, when the plaintiff’s expert doctor appeared for his deposition, he testified that he was withdrawing his adverse opinions against the residents and then testified that he held no opinions that implicated the residents in any substandard medical care of the plaintiff. In fact, the plaintiff’s expert testified as follows:

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In a May 16, 2013 New York Times opinion page editorial, written by assistant professor of law at the University of California, Los Angeles, Joanna  C. Schwartz, discussed the Affordable Care Act in relation to medical malpractice lawsuits. The article was titled, “Learning from Litigation.” The thrust of the article is that new evidence contradicts the “conventional wisdom that malpractice litigation compromises the patient safety . . .”  Professor Schwartz says that the opposite appears to be occurring;  that with more openness and transparency, hospitals are responding to the risk of litigation in positive ways.

Professor Schwartz interviewed dozens of hospital risk managers who confirmed that a hospital’s approach to lawsuits has begun to change. She says that hospitals have become more open to handling medical errors up front and are apologizing to patients when mistakes do happen in some cases.

The given reason that hospitals are more open to these types of solutions is that in disclosing errors up front, hospitals and patients tend to resolve matters much earlier, reasonably and much more cost effectively. 

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More than 15,000 women die of ovarian cancer each year, which makes it the fifth leading cause of death among American women. A new study shows that 60 percent of the women who develop ovarian cancer do not receive the medical care they need that could prolong their lives. The Society of Gynecologic Oncology’s (SGO) annual meeting on women’s cancer presented the study March 11, 2013.

This research was conducted on more than 13,000 patients from 1999 through 2006. Researchers who conducted the study said the lack of proper care for the women patients was the result of inexperience among doctors and hospital staff.

Women with ovarian cancer should be treated by surgeons who see a lot of patients each year with the disease, researchers found. They also said the women should stay in hospitals where a high volume of women with ovarian cancer are treated once the disease is diagnosed.

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The Illinois Supreme Court has decided an appeal as to whether or not res judicata in a refiled medical-malpractice complaint barred its refiling. In the underlying case, Brandon and Daphne Wilson claimed that Edward Hospital in Naperville, Ill., was liable for the negligence of doctors under the theory of actual and apparent agency.

The hospital was granted a summary judgment order on the actual-agent allegations and the Wilsons voluntarily dismissed their complaint, but refiled it within one year. Edward Hospital then moved to dismiss the case based on res judicata, which essentially means that the issue has already been finally adjudicated by the court.

Under the Supreme Court decision in Hudson v. City of Chicago, 228 Ill.2d 468 (2008) and Rein v. David A. Noyes & Co., 172 Ill.2d 325 (1996), res judicata bars a refiled lawsuit when:

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In June 2006, Josh Tunca was a surgeon at Northwest Community Hospital specializing in gynecologic oncology. While in surgery, Dr. Tunca removed an ovarian tumor. Later, the patient lost the pulse in her left leg due to a clog in her femoral artery.

Dr. Thomas Painter, a vascular surgeon, was called in to perform a femoral-bypass surgery to restore blood flow. According to the record, Dr. Painter approached Dr. John McGillan, the hospital’s vice president and medical affairs director, telling him that Dr. Tunca had cut the patient’s iliac artery.

Dr. Painter also told other doctors that Dr. Tunca had negligently severed the patient’s artery. None of these doctors were on a peer review committee for the hospital.

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The Illinois Good Samaritan Act (745 ILCS 49/25 (West 2010)) states that a medical professional who, in good faith, “provides emergency care without fee to a person” should be immune from civil damages except in the case of willful or wanton misconduct. Immunity from suit was the position taken by Dr. Michael Murphy because his patient, who claimed he was injured by Murphy’s negligence, never got billed for the doctor’s emergency room services at Provena St. Mary’s Hospital. Dr. Murphy argued that he should be immune from liability for negligence after the patient filed a lawsuit against him.

The First District Appellate Court rejected that argument under the Illinois Good Samaritan Act because it found there was a genuine issue of material fact as to whether or not the doctor acted in “good faith” and found that since the doctor was compensated the act did not apply.

“Nowhere in the legislative history of the act is it ever stated that the intent of the act was to immunize emergency room physicians who are paid for their time,” Justice Stuart Palmer wrote in the court’s opinion.

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Lillie Teague, 74, underwent an angiogram, which is an x-ray exam that uses a dye and camera to look at the blood flow in an artery or vein. Many angiograms are used to examine the arteries near the heart, lungs, brain and the aorta. The procedure requires the use of a thin tube called a catheter placed into a blood vessel in the femoral artery at the groin. The purpose for the angiogram is to find a bulge in a blood vessel or the narrowing or blockage in a blood vessel.

In this case, Ms. Teague began bleeding from the place where the catheter was inserted; at the entry site of the femoral artery. Bleeding at the femoral artery is a known complication for an angiogram, which was done here.

The defendant nurse was alleged to have chosen not to properly and appropriately respond to the need to control the bleeding for up to 30 minutes. This caused massive blood loss. It was alleged in the plaintiff’s complaint that because of the loss of blood, Ms. Teague consequently suffered a stroke.

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On June 12, 2006, 35-year-old Tracy Ariss underwent an echo-cardiogram stress test at LaGrange Memorial Hospital after a workup for carpal tunnel pain in her arms was found to be inconclusive. Less than 3 minutes into the stress test, Tracy suffered a myocardial infarction — a heart attack. She was immediately taken off the treadmill and treated with nitroglycerin, aspirin and other medicine.

The defendant Rod Serry, M.D., an interventional cardiologist, was called from the cath lab. Even though Tracy did not believe that she was pregnant, Dr. Serry ordered a pregnancy test. Tracy was about 2 ½ weeks pregnant. Her pregnancy complicated her medical treatment in that Dr. Serry did not know any other cardiologists who had performed a cardiac intervention on a pregnant woman after suffering a heart attack.
Dr. Serry called an obstetrician seeking help as to the proper course of treatment. The obstetrician told Dr. Serry that he should make medical choices for the mother as the primary concern. At the trial, Dr. Serry testified that the OB also stressed to him not to prescribe anticoagulants or other medicine long-term during pregnancy. However, this was not noted in the medical chart.

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A new study shows that shoulder dislocation in older patients is more likely to be overlooked or misdiagnosed than among younger patients. The study warned that older patients whose shoulder injuries are not treated can face years of persistent pain and disability.

Published in the October 2012 issue of the Journal of the American Academy of Orthopaedic Surgeons, the study examines the differences in dislocation injuries between older and younger patients. It also suggests an approach to evaluate older patients that could help improve diagnosis and management of related injuries.

The study’s lead author is Dr. Anand Murthi. He says understanding the very different ways shoulder dislocation can affect patients over 40 years of age is the first step in making an accurate diagnosis of dislocation-related injuries. Older patients are more likely to experience injury to the rotator cuff, which is the group of tendons, ligaments and other structures that help give the shoulder its range of motion, Dr. Murthi explained. He said this happens because the rotator cuff tissue becomes weaker and more brittle with aging and tears more easily.

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