Ms. Doe was in her late 30s and suffered from multiple symptoms, including headaches. She consulted Dr. Roe, a neurologist, who performed a clinical examination. Dr. Roe diagnosed Ms. Doe as having multiple sclerosis (MS).

For approximately the next seven years, Ms. Doe underwent chemotherapy treatment and took numerous medications, resulting in complications that included pulmonary embolism, infertility, and a compromised immune system. Now hospitalized for a sleep study, a medical provider told Ms. Doe that she did not have MS and never had the condition.

Doe sued Dr. Roe, the neurologist, alleging that he misdiagnosed her migraine condition as MS. Among other things, Doe argued that Dr. Roe chose not to confirm the diagnosis through a brain MRI and that previous imaging studies showed no evidence of lesions on her spine or brain.
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Joseph Barsuli, 49, was experiencing aches and left-sided neck pain. The doctor who examined him diagnosed a virus. He then developed numbness in his finger and arm, prompting his admission to a hospital.

At the hospital, a neurologist ordered a CT scan of the cervical spine, which was read by a radiologist, Dr. Wayne Liou, an employee of Virtual Radiological Corp. Dr. Liou interpreted the test as normal; however, the next day, another local radiologist reviewed the film and diagnosed a cervical epidural abscess.

A spinal epidural abscess is an accumulation of pus in the epidural space that can compress the spinal cord. The diagnosis of this is by MRI or by myelography followed by a CT scan. Treatment involves antibiotics and sometimes the drainage of the abscess. The symptoms of this condition are pain, fever and neurologic deficits.
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A South Carolina appellate court has found that a hospital was not responsible to injured patients for choosing not to make sure that a physician had a valid medical malpractice insurance policy in place. Two former surgery patients sued the Laurens County Healthcare System alleging that the hospital was liable for deciding not to ensure that the plaintiffs’ treating surgeon, Dr. Byron Brown, maintain sufficient medical malpractice insurance coverage.

The plaintiffs obtained default judgments against Dr. Brown. They in turn asserted that such a duty was included in the hospital admissions contract, which included “services to be rendered” to the patient. The trial judge granted summary judgment in favor of the hospital.

In affirming the summary judgment order, the appeals panel stated that under the plain language of the admissions contract, it is not reasonable to conclude that the term “services to be rendered” refers to the act of monitoring a treating physician’s compliance with medical malpractice insurance requirements imposed by the hospital. The appellate court also rejected the plaintiffs’ contention that the hospital had negligently granted privileges to Dr. Brown.
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Jeanette Olken underwent successful self-catheterization procedures fter undergoing implantation of a sling to treat urinary incontinence. When she later experienced difficulty self-catheterizing, she went to a hospital emergency room.

Olken, 55, saw an emergency department physician and nurse who unsuccessfully attempted to catheterize her.

Dr. Joseph Zajac, a urologist, attempted to dilate Olken’s urethra using a metal sounds dilator. Dr. Zajac tore Olken’s urethra and vagina, and he disrupted the newly implanted sling.
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Mildred Vick, 65, underwent a Salpingo-oophorectomy performed by gynecologist Dr. Lawrence Bandy. Salpingo-oophorectomy is the surgery to remove the ovary fallopian tubes. This procedure is used to treat a variety of conditions, usually ovarian cancer.

Following this procedure, metabolic testing showed an abnormal glomerular filtration rate and creatinine level. The glomerular filtration rate (GFR) is a test used to check how well the kidneys are functioning. It estimates show much blood passes through the glomerular each minute. Glomerular are the tiny fibers in the kidneys that filter waste from the blood.

Creatinine is a waste product produced by muscles from the breakdown of a compound called creatine. Creatinine is removed from the body by the kidneys, which filter almost all of it from the blood and releases it in the urine. The creatinine test measures the amount of creatinine in the blood and/or urine.
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William Pratt, 75, a bilateral leg amputee, went to the Wills Eye Hospital emergency room at Thomas Jefferson University Hospital. He complained of eye pain and tearing. During his medical workup, Pratt’s eyes were dilated. He was then treated with an antibiotic eye ointment.

The attending physician discharged Pratt with a diagnosis of corneal abrasion. Pratt’s vision was impaired. He steered his motorized wheelchair over cement steps while leaving the hospital. He fell over, and his wheelchair fell on top of him, causing him to suffer a spinal cord injury and a subarachnoid hemorrhage.

Pratt underwent surgery but, unfortunately, he later died. He was survived by five adult children. One of the Pratt children, on behalf of the estate, sued Thomas Jefferson University Hospital and Wills Eye Hospital, alleging that its staff chose not to advise Pratt of the need for assistance following his discharge.
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Almost seven years into this lawsuit, after discovery had been closed and with a summary judgment deadline looming, the defendants in this case, Dr. Partha Ghosh and Wexford Health Sources Inc., raised the affirmative defense of res judicata for the first time. This was an unexpected motion to dismiss an amended complaint. When the plaintiff, Alnoraindus Burton, responded that the defense had been waived or forfeited, while the defendants argued that the 7th Circuit Court of Appeals opinion in Massey v. Helman, 196 F.3d 727 (7th Cir. 1999), required a district court to allow any and all new affirmative defenses whenever a plaintiff amends a complaint in any way. The district court judge in this case agreed with that decision and granted the defendants’ motion to dismiss.

In this appeal, the 7th Circuit reversed and remanded the case. The court stated that the standard for amending pleadings under Federal Rules of Civil Procedure 8(c) and 15 continues to govern the raising of new affirmative defenses even when an amended complaint is filed.

This appeals panel stated that Massey held that a defendant is entitled to add a new affirmative defense prompted by an amended complaint that changes the scope of the case in a relevant way. Massey does not, however, require a district court to allow any and all new defenses and response to any amendment to a complaint, without regard for the substance of the amendment and its relationship to the new defenses. Rather, a district court must exercise its sound discretion under Rules 8 and 15 in deciding whether to allow the late addition of a new affirmative defense.
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Kiersten Sparger underwent a lumbar laminoplasty performed by Dr. Bakhtiar Yamini, an employee of the University of Chicago Medical Center. The procedure took place on March 30, 2015.

On April 27, 2015, Dr. Yamini saw Kiersten again because her wound was leaking spinal fluid. Dr. Yamini instructed his staff to “overstitch” the wound. Dr. Yamini informed Kiersten and her father, Jeff Sparger, that she could not be admitted to the hospital due to a nursing strike. A pouch developed at the wound site and Kiersten was taken to the University of Chicago Medical Center on May 13, 2015 with a fever and significant neck pain. Dr. Yamini surgically repaired the leak. However, Kiersten developed infectious meningitis and suffered cognitive damage.

Jeff Sparger, on behalf of his daughter Kiersten, filed suit against Dr. Yamini and the University of Chicago Medical Center.
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William Pratt, 67, was diagnosed with Stage IV liver cancer. He fell down a flight of stairs and was transferred to a hospital emergency room where he was examined and sent for radiological scans. A preliminary reading of the scans concluded that he had not broken any bones during the fall.

The next morning, radiologist Dr. Geoffrey Gilleland reviewed the films and determined that Pratt had in fact broken nine ribs. Dr. Gilleland did not notify the emergency department of his findings, and Pratt was later discharged.

Over the next two days, Pratt developed pneumonia. He was admitted to another hospital where he died two weeks later of the pneumonia and complications of end-stage liver cancer. He was survived by his wife and three adult children.
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David Riese, 60, went to his primary care physician complaining of a lump in his neck. He underwent an MRI and was referred to ENT Dr. Matthew Jerles, who aspirated the lump.

Riese returned to Dr. Jerles several times and underwent the surgical removal of the lump, which had ruptured during the aspiration procedure.

Testing later revealed that there was a diagnosis of squamous cell carcinoma. Dr. Jerles then examined the back of Reise’s throat and diagnosed a tumor at the base of his tongue. It was later revealed that the tumor had been present on the MRI, which had been faxed to Dr. Jerles at the start of Reise’s treatment. Dr. Jerles obviously missed observing and noting that tumor.
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