Hospital Errors

January 11, 2013

3.1 Million Jury Verdict for Death of Patient Following Heart Procedure; Estate of Teague v. Holy Cross Hospital

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.

November 5, 2012

Illinois Jury Finds for Doctor in Medical Malpractice Case in Death of a Pregnant Woman; Estate of Ariss v. Dr. Serry

by Robert Kreisman

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.

October 5, 2012

Shoulder Dislocation in Older Patients Less Likely to be Diagnosed, Treated

by Robert Kreisman

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.

September 26, 2012

Sponges Can Be Left Inside Body Following Surgery; Doctors Look to Nurses to Keep Track

by Robert Kreisman

When we undergo surgery, we cannot think, breathe, make decisions and advocate for ourselves. We depend on the experts — doctors and nurses — who oversee the surgery to do what’s best for us.

Trouble is, that does not always happen. Take the case of Sophia Savage. One night she felt a crushing pain in her abdomen, and she started vomiting. She went to a local emergency room and was admitted to a hospital. Her doctor discovered a medical sponge left over from the surgery when she had a hysterectomy. And how long had the sponge been in her body? Four years.

She sued the hospital in which the hysterectomy had taken place, and in 2009 she won $2.5 million in damages. But the award has been appealed. Meanwhile, she suffers from severe bowel problems and has been unable to work. She reports bouts of from anxiety and depression.

July 25, 2012

Boy’s Parents, Doctors, Call for Early Recognition of Sepsis Symptoms

by Robert Kreisman

A consortium of 55 hospitals in the New York region has launched a campaign to aggressively identify sepsis for early treatment. Hospital administrators say the campaign is needed because sepsis, a leading cause of death in hospitals, can at first look like less serious ailments.

The new campaign was recently highlighted in a story published by the New York Times. The Times story focused on Rory Staunton, 12, who suffered what seemed like a minor cut on his arm while diving for a basketball during a gym class. The P.E. director at his school applied Band-aids to the cut, and Rory went about his normal routine. That night, he told his parents about the incident in the gym, did his homework and went to bed.

The next day, he started vomiting, spiked a high fever and reported pain in his leg. His parents brought him to a pediatrician, who referred him to the emergency room at NYU Langone Medical Center, where he was treated for upset stomach and dehydration. Doctors prescribed fluids and Tylenol and sent the boy home.

July 13, 2012

Shaving Surgical Site Increases Infections

by Robert Kreisman

It would seem to be a logical condition of surgery that surgeons first shave areas where the incision would be made. Many surgeons believe it is important to remove anything that would obstruct the place where the surgery takes place. Still other surgeons believe that shaving the area of the surgical entry spot will eliminate bacteria that can attach to hair.
In a recent article in the health section in the New York Times, it was pointed out that research now shows that shaving a patient’s skin before the surgery may actually raise the risk of infection.
According to the Centers for Disease Control and Prevention (CDC), surgical site infections have become a leading cause of complications among hospital patients. This would account for one of five of health-care associated infections. Thousands of deaths are associated with surgical site infections.

July 11, 2012

Physicians Beware: Videotapes Can be Used Against You at Trial

by Robert Kreisman

Physicians should be aware that patients can use their smart phones or other electronic devices to tape alleged malpractice or negligence and introduce this evidence at trial. The presiding judge will determine whether the videotape may be presented.

Videotape, audiotape, and/or photographs can be introduced at trial if a proper foundation is laid and the subject matter is relevant, according to Robert Kreisman, JD, medical malpractice and personal injury attorney with Kreisman Law Offices in Chicago.
Kreisman was quoted in a recent issue of ED Legal Letter.

“To inform the jury, videotape could be introduced to give time and place. On the other hand, it depends on the quality of the videotape and what it depicts,” says Kreisman.

June 12, 2012

$1.3 Million for Family of Motorist Who Was Injured and Then Died of Bed Sores Caused in Crash with Drunk Driver; Estate of L.M. v. R.A., Quad City Downs, Inc. and Rockford Memorial Hospital

by Robert Kreisman

In November 2003, the defendant R.A. was driving while intoxicated on Route 173 in Spring Grove, Ill. He apparently fell asleep, crossed the center line and crashed head-on into the car occupied by L.M., who was a passenger. L.M. was airlifted to Rockford Memorial Hospital where he remained in intensive care for two months. He suffered numerous injuries, including broken ribs, lung contusion, a lacerated spleen and a stroke after the splenectomy surgery to remove his damaged spleen.

While L.M., age 56, was in intensive care, he developed a large Stage IV bed sore on his lower back. The ulcer had to be debrided and a bilateral flap procedure was done to cover the skin opening.
L.M. was an unemployed truck driver. He died prior to the trial, although no wrongful death claim was brought. His wife claimed loss of consortium, which is the spouse’s right of action for the missing love and affection that comes with companionship and marriage.

At the time of the crash, L.M. and three friends were driving to a fishing trip. The driver of the vehicle was killed and all three passengers, including L.M., were seriously injured.

The defendant R.A., age 46, admitted negligence and pled guilty to felony DUI charges, including reckless homicide. He served 5 ½ months in jail and 5 ½ years of probation. He had been drinking at an off-track betting facility operated by defendant Quad City Downs. The family of L.M. filed a lawsuit under the Illinois Dramshop Act against Quad City Downs and a separate medical malpractice claim against Rockford Memorial Hospital, alleging that it was negligent in not taking proper take care of L.M.’s bed sore.

June 11, 2012

$7.5 Million Verdict for Death Following a Spleen Removal Surgery; Estate of J.F., deceased v. Dr. George Salti, et al.

by Robert Kreisman

In January 2007, J.F. underwent a splenectomy, which is the removal of the spleen, at the University of Illinois Medical Center at Chicago. J.F. had a condition known as idiopathic thrombocytopenic purpura (ITP), which is a blood disorder managed by steroid use. Reportedly more than two-thirds of the ITP patients who undergo a splenectomy achieve satisfactory remission to the blood disorder.

In this case, the attending surgeon opted to use the daVinci Robotic Surgical System, a minimally invasive surgical procedure, rather than a standard method of removing a spleen. Dr. Galvani, one of the co-surgeons, was assisted by a surgical fellow and a surgical resident. During the surgery, there was an incidental finding of severe liver cirrhosis, a disease of the liver.

Following the surgery, 49-year-old J.F. began showing signs of infection. The family alleged in their lawsuit that the surgeons punctured the duodenum during the surgical procedure. Six days later, Dr. Salti performed an exploratory laparotomy and discovered 1.5 liters of infectious pus inside the abdomen of J.F. But there was no detection of the hole.

April 3, 2012

$790,000 Award For Patient Who Fell From Surgical Table After Epidural

by Robert Kreisman

A Lake County jury entered a verdict in favor of a woman who was sustained a head injury after falling from a surgical table. While the original medical malpractice lawsuit was filed against both the hospital where the fall occurred and the anesthesiologist who administered an epidural prior to the fall, the $790,860 verdict was only entered against the defendant hospital.

The 59 year-old plaintiff presented to Victory Memorial Hospital, now known as Vista Medical Center East, for treatment of a lower back injury. The plaintiff had injured herself after falling in a parking lot, sustaining not only the back injury, but a mild concussion as well. To help improve her pain, the plaintiff was given an epidural by Dr. Eliza Diaconescu, a pain management specialist.

According to testimony provided at the Lake County medical malpractice trial, the plaintiff remained semi-conscious after Dr. Diaconescu gave her an epidural. Dr. Diaconescu then walked away from the surgical table in order to dictate her treatment into the operative notes. An operating room nurse stayed with the plaintiff while she awaited her transfer to the recovery room. It was at this time that the plaintiff fell off the operating table, cutting her head and sustaining yet another concussion. The plaintiff filed a lawsuit against Dr. Diaconescu and Victory Memorial Hospital for their negligence in causing her injury.