Articles Posted in Wrongful Death

Mr. Doe, 54, sought treatment for his hypertension from Dr. Roe, his primary care physician. Urinalysis showed two to three red blood cells in Mr. Doe’s urine. However, Mr. Doe was not advised of this condition.

At his annual physical about two weeks later, a screening urine test was normal. Approximately two years later, a different family practice physician referred Mr. Doe to a urologist after a urine test showed blood and red blood cells in Mr. Doe’s urine. This led to a diagnosis of metastatic renal cell carcinoma.

Mr. Doe died of his kidney cancer disease within three years. He was survived by his two adult children.
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Rita DaCosta underwent a Pap smear and HPV test. Her treating gynecologist, Dr. Michelle Olivera, was informed that the test results were abnormal. Dr. Olivera instructed her medical assistant to contact DaCosta and schedule a colposcopy. DaCosta never learned about the test results.

Less than a year later, she met with Dr. Olivera, who had joined a different practice. She reported heavy and irregular bleeding, as well as lower abdominal cramping. Dr. Olivera prescribed birth control pills.

DaCosta, who repeated these complaints when she met with Dr. Olivera the following year, was told that she suffered from five fibroids and that the bleeding resulted from steroid use. DaCosta was referred for fibroid surgery.
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James DeGeorge, 84, was hospitalized for the placement of a pacemaker. He was labeled a high fall risk due to his unsteady gait and forgetfulness. A nurse gave him Ambien one evening as he reported he could not sleep. He was placed in a chair without an alarm.

An hour later, he was trying to get out of the chair but fell and hit his head. He suffered a subdural hematoma as a result of that blunt force. He died three weeks later and was survived by his wife and three adult children.

DeGeorge’s family and estate filed a lawsuit against the hospital for his wrongful death. The DeGeorge family asserted that the hospital chose not to take the necessary fall precautions and properly monitor his movements.
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David Robinson, who was in his 30s, found blood in his stool. He went to the office of his primary care physician, Dr. William Elder, where he was seen by a physician assistant, David Lamport. Lamport did a cursory physical examination and diagnosed internal hemorrhoids as the origin of blood in Robinson’s stool.

Unfortunately, eight months later, when Robinson’s symptom of blood in his stool persisted, he underwent a colonoscopy, which showed Stage IV colon cancer; it had spread to his liver.

In spite of cancer treatment, Robinson died within a year. He had been working in his family business earning approximately $90,000 per year. He was survived by his wife and three young daughters.
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Ms. Doe, 52, underwent popliteal peroneal artery bypass grafting surgery. She required four additional surgeries after this procedure, including replacement of her inflow and outflow grafts, a fasciotomy to relieve compartment syndrome and resection of necrotic muscle in her lower extremity.

Almost five weeks after the first surgery, Doe suffered a stroke. This led to her death the following day. Doe had been a human resource director earning approximately $100,000 per year. She was survived by her two adult children.

The lawsuit claimed that the outflow target vessel for the first surgery was negligently selected. This led to extremity ischemia, the need for additional surgery, the development of compartment syndrome and failure of the graft.
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Thomas Rogers was 54 years old when he underwent surgery at Optim Medical Center-Tattnall to remove a cervical disk at C-3. Later that night following the surgery, he complained of neck pain and difficulty speaking and swallowing.

Four hours later, a code blue was started. Despite four attempts to intubate, he died. He was survived by his wife.

Rogers’s wife, individually and on behalf of the Rogers’ estate, sued the hospital and Rogers’s attending physician claiming that the doctor and the hospital’s nurses chose not to respond to his postoperative complaints. It was also claimed that there was a failure to control Rogers’s bleeding at the surgical site.
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A 20-year-old new mother identified as Ms. Doe collapsed at her home a week after delivering her baby prematurely. Two paramedics employed by Capital Health System Inc. arrived at her home. A student paramedic was training with the paramedics and was allowed to establish and monitor Ms. Doe’s airway before she was transported to the hospital. At the hospital, it was discovered that Ms. Doe’s endotracheal tube had been placed incorrectly.

Ms. Doe later died and was survived by her father and her infant child.

Ms. Doe’s father sued Capital Health System claiming that it chose not to act in good faith and allowed the student ENT to attempt to intubate Ms. Doe.
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Albert Ragin experienced unexplained weight loss and night sweating. At the time he was in his 80s. CT scans without contrast of his chest, abdomen, and pelvis revealed a left kidney cyst, but there were no other kidney abnormalities.

About a year later, in 2013, a renal artery Doppler test showed a possible aortic dissection. Ragin subsequently underwent several CT scans with contrast.

An employee of the defendant in this case, Advanced Radiology, interpreted the CT scans as showing no aortic dissection and no kidney abnormalities except for the several cysts in both kidneys.
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On Oct. 5, 2012, the defendant in this case, Dr. Yasser Alhaj-Hussein, completed a celiac plexus block procedure designed to lessen or alleviate the pain that Kathy Arient was experiencing in her abdominal area. The procedure was done at Orland Park Medical Center and involved alcohol inserted into the spine to destroy select nerves.

Following the procedure, Arient complained of numbness in her legs and was taken by ambulance to St. Joseph’s Hospital. It was there that it was determined that she had been rendered paraplegic. Arient and her husband, Terry Arient, filed a lawsuit against Dr. Hussein and other defendants alleging medical negligence in performing the celiac block. The suit also included a claim for loss of consortium.

Unfortunately, Arient died on June 9, 2014. The lawsuit was amended to include a wrongful-death and survival action against both Dr. Hussein and Illinois Anesthesia and Pain Associates and Orland Park Surgical Center. Orland Park Surgical moved to be dismissed as a defendant; the trial judge agreed.
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A lawsuit arising from the death of Jeannette Turner first resulted in a jury verdict of $22.1 million in this medical malpractice and wrongful death lawsuit. Sadly, Turner died the night before the jury’s verdict. According to the report of this Illinois Appellate Court case, her death transformed her medical malpractice lawsuit into a survival claim for Joi Jefferson, Turner’s daughter and the special representative of her estate.

As a result, Jefferson was unable to recover compensation that was awarded for any future injuries Turner would have suffered.

“Compensatory tort damages are intended to compensate plaintiffs, not to punish defendants,” Justice Mary Anne Mason wrote in the 23-page opinion. “We would run afoul of this principle if we allowed Jeannette’s estate to collect an award for future injuries Jeannette will no longer suffer. For this reason, we limit plaintiff’s recovery to compensation for injuries Jeannette suffered prior to her death.”
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