Articles Posted in Misdiagnosis

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The Illinois Appellate Court found that Advocate Christ Hospital should not have been dismissed from a wrongful-death lawsuit that involved pediatric cardiovascular surgeon Mary Jane Barth, M.D. The issue in the case was whether Advocate Christ Hospital could be held as the principal for the apparent agency of a doctor who practices there. The hospital argued that Dr. Barth was an independent contractor and thus, the plaintiff could not hold the hospital liable as the principal for any wrongful conduct of an agent (a doctor).

The First District Illinois Appellate Court found it was reasonable for the plaintiff, Natalie Hammer, to assume Dr. Barth was acting on behalf of Advocate Christ Hospital when she performed a number of operations on her husband, Jerry Hammer, who died in 2010.

Natalie Hammer filed a lawsuit against Advocate, Barth and Barth’s employer, Cardiovascular Surgeons Ltd. (CSL) for medical malpractice and wrongful death. The three-justice appellate court panel found that Advocate Christ Hospital could be held liable because Hammer demonstrated that Advocate did not carefully distinguish between itself and its independent doctors and that Hammer relied on Advocate to care for her husband.

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Wismond Brissett, 45, was treated at a local hospital for first- and second-degree burns. He suffered these burns while he was cooking at his home. Two days later, a plastic surgeon, Dr. David Watts, diagnosed first-, second- and third-degree burns to Brissett’s body. Dr. Watts scheduled a skin graft and a second debridement for the next day.

After the procedures, which included removal of skin from Brissett’s thighs and the placement of staples to secure the grafted skin, Brissett suffered severe pain and scarring on his arms and chest.

Brissett required narcotic pain medication and has become depressed and embarrassed about the scarring for which there is no medical treatment.

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A Cook County jury entered a $351,000 jury verdict for 14-year-old Arkadiusz Sztuk who arrived at the emergency room at Lutheran General Hospital in Park Ridge, Ill., with complaints of lower left abdominal pain. He was examined and treated by the defendant pediatric emergency room physician, Dr. Jagvir Singh.

In the medical negligence lawsuit filed on his behalf, it was alleged that the defendants, including Advocate Health & Hospital Corp. d/b/a as Advocate Lutheran General Hospital and Dr. Singh, were negligent in choosing not to diagnose left-sided testicular torsion, choosing not to perform a testicular examination to rule out torsion and failing to surgically prophylactically fix or fasten the right testicle or the right-sided torsion.

Testicular torsion takes place when a testicle rotates twisting the spermatic cord that brings blood to the scrotum. With the reduced blood flow, the results of the torsion can be very painful and cause swelling. Testicular torsion most commonly occurs to boys between the ages of 12 and 16. In most cases, testicular torsion requires emergency surgery. If treated quickly, the testicle can be saved. However, if the blood flow has been cut off for a long period of time, the testicle may be so badly damaged as to require its removal.

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In a tragic medical malpractice case, Jeanette Turner, who was just 42 years old, suffered permanent brain damage at Mercy Hospital and Medical Center in 2006. It was alleged in the Cook County lawsuit that several doctors chose not to monitor and maintain her tracheotomy tube, which caused her injury after a blood clot lodged inside her tube cutting off her air supply.

This all started when Turner visited Mercy Hospital in February 2005 looking for treatment for a soft tissue infection in her jaw and neck. The infection caused Turner’s throat to swell so physicians surgically installed a tracheotomy tube to allow her to breathe.

Before the tracheotomy procedure, she had undergone another surgery to receive a heart valve replacement. Because of that heart surgery she had been prescribed anticoagulant Coumadin, which she would have to take for the rest of her life.

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On Jan. 12, 2009, Paul Vanderhoof was admitted to the hospital for the surgical removal of his gallbladder. This procedure is also called a cholecystectomy. During the surgery, the surgeon, Dr. Richard Berk, severed the patient’s common bile duct after he misidentified it as the cystic duct. Another surgeon was brought in to perform emergency reconstructive surgery to repair the severed duct.

Vanderhoof remained in the hospital for a week after the surgery during which time he was treated for an intermittent, controlled bile leak. A day after his discharge from the hospital he was readmitted with complaints of chest and abdominal pain. For the next two months, Vanderhoof remained an inpatient at two hospitals and a rehab nursing facility. He continued to suffer bile leakage, develop a large liver abscess and pneumonia and ultimately died of septic shock in the hospital on March 19, 2009.

Vanderhoof’s wife, Doris, brought a wrongful death and survival action lawsuit against the surgeon Dr. Berk and NorthShore University HealthSystem. Dr. Berk’s practice, NorthShore University HealthSystem Faculty Practice Associates, was later added as a defendant. When Doris Vanderhoof died, her daughter, Carol Vanderhoof, became the special administrator of her father’s estate. She filed an amended complaint claiming that during her father’s bile duct surgery, Dr. Berk “negligently and carelessly surgically transected” the common bile duct, “failed to perform the necessary precautionary methods to ensure a safe gallbladder removal,” and “failed to call for assistance from a specialist with expertise in biliary surgery” before cutting the common bile duct.

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Jeannette Collins, 46, complained of abdominal pain, vomiting and nausea. She underwent testing, including a CT scan, at a hospital emergency room. The scan revealed a small bowel obstruction.

General surgeons Dr. Ahmad Nuriddin and Dr. Manohar Nallathambi performed surgery on Collins during which they identified a purported gastric outlet obstruction. Because of that blockage, a second procedure was done, which severed a nerve to reduce the reduction of acid. As a consequence of the surgery gone bad, Collins developed paralysis of the stomach and intestines. She now requires a diet of pureed foods.

Collins filed a lawsuit against the general surgeons, Drs. Nuriddin and Nallathambi and their practices, claiming they misdiagnosed her as having a gastric outlet obstruction and performed a second surgery without informed consent. Collins also claimed that these defendants should have ordered a preoperative upper endoscopy study, which would have ruled out gastric outlet obstruction.

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Michael Wagner was 48 and weighed 600 pounds. He underwent gastric bypass surgery performed by general surgeon Hans Schmidt M.D. and an assistant surgeon Sabastian Eid M.D. Wagner had been taking prophylactic the blood thinner, Heparin preoperatively.

After the surgery, the dosage Wagner was receiving was reduced to once per day. During the first postoperative day, he experienced a slow heartrate and respiratory arrest. However, Wagner was discharged the next day with instructions to have 64 ounces of daily fluids and to take frequent walks. No blood thinners like Heparin were prescribed.

Two days later, Wagner suffered a fatal pulmonary embolism. He had been a financial manager earning about $140,000 annually and is survived by his wife, one minor child and one adult child.

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Unfortunately, there are too many medical or hospital related errors that have injured or killed patients in the United States. According to a recent study by the Institute of Medicine, “Most people will experience at least one wrong or delayed diagnosis at some point in their lives, a blind spot in modern medicine that can have devastating consequences.” The institute’s report calls for urgent changes in many areas of health care. According to the report, the most significant change is that patients become central to a solution, said Dr. John Ball of the American College of Physicians. He chaired the Institute of Medicine committee.

The report indicates that medical providers must take patients’ complaints more seriously and make sure that the patient receives copies of test results and other records to encourage patients to ask, “Could it be something else?”

In other words, patients should be seeking other opinions from physicians to diagnose their ailments. This is a cultural shift. It could be the norm to finally get the right diagnosis or that the second opinion doctor calls the treating doctors to say it turned out to be this and not that. One of the most famous diagnostic errors occurred in 2014 when a Liberian man who was sick with Ebola initially was misdiagnosed in a Dallas emergency room as having sinusitis. The man returned two days later and eventually died.

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Carl Beauchamp, 44, fell and hit his head. He was taken to Rhode Island Hospital where he underwent testing and was released with instructions to return if he noticed changes in his state of mind. Beauchamp, who initially was able to walk, talk and respond to commands after the fall, later became confused. He returned to the hospital.

A neurosurgery resident examined him and diagnosed his condition as post-concussive syndrome. Beauchamp was admitted to a general medical floor. During a critical 40-hour period when neuro-checks were required frequently, hospital nurses performed just one check.

Beauchamp’s condition worsened to where he responded to only painful stimuli and was unable to blink, talk and follow instructions or commands.

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On July 30, 2008, Isaiah Lockhart went to the Haymarket Center, a chemical dependency facility. Lockhart had a history of alcohol withdrawal. However, when Lockhart complained of “shortness of breath, dizziness, a productive cough and weight loss,” he was sent to get a medical evaluation.

Lockhart went by ambulance to the emergency room at John H. Stroger Jr. Hospital, a/k/a Cook County Hospital. He arrived at 10:26 p.m. and was triaged. His symptoms were documented and his vital signs recorded. At midnight he was brought into a treatment room and assessed by a nurse, who again recorded his vital signs.

At no point was his cardiac rhythm evaluated. Lockhart was left alone in the room for a short time and at 12:20 a.m. he was found in cardiac arrest. After a prolonged course of emergency treatment, his heart was successfully restarted, but the lack of oxygen left Lockhart with severe encephalopathy and in a persistent vegetative state.

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