Articles Posted in Wrongful Death

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The family of a man who died of a heart attack while hospitalized after an appendectomy was held not to have a viable medical malpractice case against the attending physician.

In July 2017, Timothy Dobine, 43, died while under the care of medical staff at West Suburban Medical Center in Oak Park, Ill. Dobine’s family sued in state and federal court.

The family sued the U.S. government under the Federal Torts Claim Act alleging that the attending physician, Dr. Morgan Madison, who worked for a federally qualified healthcare center, provided negligent medical care and was the proximate cause of Dobine’s untimely death.
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Doe went to a medical clinic complaining of increased fatigue, weakness and shortness of breath. A resident physician allegedly obtained an electrocardiogram (EKG), which was abnormal, and ordered a routine cardiology referral. The resident’s supervising physician allegedly did not see or evaluate Doe.

Four months later, Doe collapsed at home from suspected cardiac arrest. Emergency resuscitation was unsuccessful.

The lawsuit filed on behalf of Doe and family alleged that the resident and attending physician chose not to recognize that the EKG findings were consistent with a third-degree heart block, in which the upper chambers of the heart loses communications with the lower chambers. This condition necessitated an urgent referral to a cardiologist for placement of a pacemaker, the plaintiff maintained.
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Ms. Doe, 70, suffered from atrial fibrillation and had two mechanical heart valves. She was prescribed Coumadin to prevent a stroke. When Dr. Roe, her treating cardiologist, recommended elective replacement of her pacemaker battery, the Coumadin was stopped five days before the procedure. It was then restarted after the surgery.

Dr. Roe placed Ms. Doe on Bactrim to prevent infection and ordered an INR test, which is the international normalized ratio blood test. The test showed a result of 3.2 – more than double the previous INR taken before the procedure. Dr. Roe allegedly ordered a repeat INR for one month later. The INR blood test tells a patient how long it takes for blood to clot. A test called prothrombin time (PT) measures how quickly the blood clots in the body.

Before the repeat INR test, Ms. Doe was taken to the hospital ER suffering from anemia. Her INR at the time was 22.8. While at the hospital, Ms. Doe coded several times and died the next day.
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Jennifer Schlutt, 26, was diagnosed as having squamous cell carcinoma of the distal urethra or periurethral area.

She underwent a course of radiotherapy treatment, including external beam radiotherapy and the placement of an implant.

During this radiation treatment, which lasted approximately six weeks, Schlutt suffered a severe reaction. She complained to her treating radiation oncologist, Dr. David Hornback, that she was experiencing extreme pain, open wounds, an internal burning sensation and skin hardening.

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Margaret Parr, 68, underwent a hiatal hernia repair done by Dr. Medhat Allam. She was discharged several hours after the surgery. That night and the next morning, she suffered severe pain and was brought to another hospital where she underwent a second surgery, which revealed necrosis of her gallbladder, intestines, pancreas and stomach.

Unfortunately, Parr later died of ischemia resulting from thrombosis that had compromised one or more of the stents that been implanted in her celiac and mesenteric artery the year before.

Parr was a retiree and survived by her wife and adult daughter.
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Hansaben Patel, 74, was hospitalized and diagnosed as having uncontrolled diabetes and an electrolyte imbalance. While hospitalized, Patel’s hemoglobin dropped.

A gastroenterologist, Dr. Fadi Deeb, diagnosed a duodenal ulcer and prescribed proton pump inhibitors. Patel suffered two large bleeds and was then transferred to the facility’s ICU.

After a third massive bleed, Dr. Deeb performed surgery. It was unsuccessful in stopping Patel’s bleeding. Before scheduled embolization by an interventional radiologist, Patel vomited and aspirated blood.
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Lonnie Kersey had a family history of prostate cancer. He took Avodart to treat benign prostatic hyperplasia. His treating internist, Dr. Michael Pisano, allegedly ordered lab work in 2012 and 2014, including a prostate-specific antigen test (PSA).

The following year, Dr. Pisano allegedly ordered another PSA, which showed a value of 3.0 ng/mL, nearly triple the previous results.

Dr. Pisano ordered further testing two years later, at which point Kersey’s PSA was significantly elevated at 203.3 ng/mL. This led to a biopsy and diagnosis of Stage IV prostate cancer.
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Julius D’Amico, 73, was admitted to Bryn Mawr Hospital for surgery to treat what was believed to be an infection in her arm AV graft used for hemodialysis. During the surgery, she lost blood and fluid volume, which led to a postoperative decrease in her blood pressure, blood volume and hemoglobin.

In addition, that night she suffered prolonged periods of hypotension and decreased tissue profusion. After undergoing hemodialysis the next day, she became unstable, lost consciousness and suffered a fatal heart attack.

D’Amico was survived by her husband and two adult daughters.
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Lois K. Ries, a public aid recipient, was paralyzed by what was alleged to be medical malpractice. This took place in 2011. Her medical malpractice lawsuit was pending when she died. After settling the case for $415,000, her two sons, who were the co-executors of her estate and her sole heirs, received an unpleasant surprise.

During the negotiations, the Illinois Department of Healthcare and Family Services (the holder of the Illinois public aid lien) reduced its lien under Section 11-22 of the Illinois Public Aid Code to $20,000. It had paid $124,679 for her medical expenses after she was paralyzed. The sons expected to receive the next proceeds of the settlement: $80,819. However, the department insisted that it was entitled to all of the money based on Section 5-13 because it had provided $87,929 in medical benefits to Rise before her injury.

The co-executors objected, insisting that they never would have settled the medical malpractice lawsuit if they knew they would receive nothing. They would have instead pressed on, taking the case to trial with the hope that they would obtain a verdict more than the settlement and thus have some money for themselves after satisfying the public aid lien.
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Laurence Seng was seen at a hospital emergency room where he complained of a persistent cough, chest heaviness and burning following an outpatient urological procedure.

Seng, who vomited in the ER, was administered a gastrointestinal cocktail in an effort to relieve his chest symptoms. However, his pain level increased. An osteopath, Dr. Joseph Robinson, diagnosed Seng as having a persistent cough and discharged him to home the same evening.

At home, Seng continued to experience chest heaviness and developed a racing heart. The next morning, his wife discovered that he was unresponsive. Seng, 66, died of a myocardial infarction. He was survived by his wife and four adult children. Seng’s wife, individually and on behalf of his estate, sued Dr. Robinson, alleging that he chose not evaluate Seng for a potential cardiac cause of his symptoms. Plaintiff alleged that he should have ordered an EKG and a blood test.
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