Illinois Medical Malpractice Blog

The Madison-St. Clair Record recently discussed a new medical malpractice lawsuit filed in southern Illinois. The suit involves two doctors from St. Elizabeth’s Hospital for their actions that contributed to the death of Sean O’Bonnon. Mr. O’Bonnon rushed to the hospital’s emergency room on Christmas Eve 2008 for severe strep throat.

Besides the strep throat, Mr. O’Bonnon’s body had actually stopped producing cortisol. According to the Mayo Clinic, cortisol is a hormone produced by the adrenal glands; insufficient production of it can be life threatening.

However, the two emergency room doctors failed to notice the cortisol-production problem, a condition known as “adrenal crisis.” In fact, the doctors negligently failed to even treat his strep throat, take a proper medical history, or admit him to the hospital for further observation. Instead, Mr. O’Bonnon was sent home, where he died the following day, Christmas Day 2010.

The doctors’ failure to diagnose life-threatening problems with their patients is one of the more egregious forms of medical malpractice. Patients have the reasonable expectation that when they visit a doctor with medical concerns, the doctor will be able to properly diagnose their problems if possible. All too often however, especially in emergency room context, patients are sent away before receiving the proper care. This shuffling of patients can have deadly consequences, as the O’Bonnon family discovered after their tragedy.

As our Chicago medical malpractice lawyers at Levin & Perconti know, failure to for doctor’s to recognize and identify problematic conditions can have deadly consequences.

Please contact our attorneys if you know of anyone who has similarly suffered at the hands of a failure to diagnose a serious medical problem.

A medical malpractice case involving the tragic death of three year old twin brothers recently ended with a verdict for the plaintiffs, reports the Columbus Dispatch.

The terrible trauma that still haunts the Legge family occurred in April 2006, when two of the family’s twin boys visited a Maryland otolaryngologist to perform basic tonsillectomies. The procedures were supposed to be routine operations without too much risk. In fact, hundreds of thousands of these procedures occur every year across the country without any complications. Following the surgery the doctor discharged the brothers with a note indicating that everything was normal. The boys, A.J. and Joshua were prescribed pain medication and were home in the afternoon.

However, the very night that they arrived back home following the surgery, one of the twins, A.J., stopped breathing. Shortly after midnight his parents called 911, and an ambulance arrived to rush him to the hospital. The emergency room doctors did everything that they could, but A.J. died shortly after arriving.

At the same time, back at their home, the other twin, Joshua had stayed with a neighbor while A.J. was rushed to the hospital. Just about the time that the emergency room doctor was informing the family that A.J. could not be saved, Joshua had also stopped breathing. Another ambulance was called, but it was too late for him as well. He died shortly after arriving at the hospital.

The unbelievably tragic loss of both children hours from one another was eventually discovered to have been caused by a cerebral edema, or fluid on the brain. The medication prescribed for the children after the surgery had caused the fatal stoppage of breath. The children had a pre-existing condition that made it impossible for them to properly process the pain medication.

The risk of the boys breathing was made clear to the doctor before the procedures, because their mother had informed him of the kids history of snoring and breathing trouble while asleep. However, even knowing that, the doctor did not request for the children to stay overnight in the hospital following the surgery, which was a standard process for patients under three years old—especially those with a history of breathing trouble.

After hearing all of the evidence, a jury in the medical malpractice case found that the doctor had been negligent in his treatment following the surgery. That negligence had directly led to the children’s death.

The Legge family tragedy serves as a reminder than even routine medical procedures involve inherent risk that should be carefully monitored. That risk is even more pronounced when the medical professionals charged with the task fails to follow basic security protocols to ensure the patient’s safety. If you or anyone you know has suffered similar tragedy that could have been prevented, please contact our Chicago medical malpractice attorneys at Levin & Perconti today.

A Chicago man is suing a St. Petersburg surgeon for medical malpractice after the death of his wife following emergency surgery last summer, reports the St. Petersburg Times.

Dr. Sukunya Susie Dunphy was a 42 year old medical doctor in Chicago. While in Florida she was rushed to the hospital after experiencing abdominal pain. It was determined that she had an inflamed appendix and that evening the surgeon performed a laparoscopic appendectomy to surgically remove the appendix.

Hours after the surgery, Dr. Dunphy’s heart rate began to climb while her blood pressure dropped. Unfortunately, the medical staff at the Palms of Pasadena hospital where she received her care failed to properly note the changes. In fact, Dr. Dunphy herself told the hospital’s nursing staff that as a medical doctor she knew her blood pressure was too low and that steps should be taken to notify the doctors to provide better care. The nursing staff did not inform doctors of the situation, however. Instead they actually wrote in her chart that Dr. Dunphy was engaging in “attention seeking behavior.”

Tragically, shortly after this incident Susie Dunphy was found “pulseless, unresponsive, and without respiration or blood pressure.” She was officially pronounced dead the following day. Examination afterward revealed that the death was caused by post operative bleeding. Susie’s spouse is suing the doctor, claiming that he should have diagnosed her post-operative bleeding and properly reviewed her chart following the surgery.

Our Chicago medical malpractice lawyers at Levin & Perconti have fought for victims like Susie for decades. Inadequate medical care comes in a variety of forms, and failure to properly monitor developing complications is just one of many ways that patients fail to receive the care to which they are entitled. Doctors are responsible for properly diagnosing problems throughout their care-giving, both when a patient first arrives and following any medical treatment. The surgeon in Dr. Dunphy’s case failed to diagnose her post-operative bleeding, which was just as egregious as if he had failed to diagnoses her appendix problems initially.

You have the right to receive proper medical treatment any time you are under the care of medical professionals. It is medical malpractice to fail to monitor a change in condition. If you suspect that you’ve been the victim of improper treatment, contact a medical malpractice lawyer immediately.

The Herald Online is reporting that a jury has found that both a hospital and the doctor were medically negligent in the wrongful death of a patient. The jury awarded the medical malpractice victim a $3 million verdict and ruled that the hospital bore the bulk of the responsibility. The jury did believe that the patient’s husband was partly negligent in his actions. The patient’s initially sued the hospital and doctor after his wife died. after she had gone to the emergency room at the hospital with both stomach and lower back pain and the doctors diagnosed her with a kidney stone. The medical malpractice victim stayed at the hospital for about four hours until the doctors sent her home. They had given her a prescription for pain medication and an appointment in two days.

The victim endured a seizure and went into septic shock before she was ever able to make it to her appointment. She died approximately 48 hours after she left the hospital. Her husband's malpractice attorneys argued that the hospital committed medical error in the victim’s treatment. The hospital did not follow the nationally recognized standards of care that are in place to ensure patient safety. The hospital did not run all of the necessary tests, nor did they take the victim’s temperature into account. It is imperative that hospitals perform all necessary tests in order to make an accurate diagnosis. This hospital had specific guidelines stating that patients must have their vital signs checked at the minimum of twice during an emergency room visit.

Additionally, it is important to note that a fever is a key sign of a problem when diagnosing kidney stones. A medical expert testified that if a patient with kidney stones presents a fever, the doctors should treat it as a medical emergency. Failure to properly diagnose is a common medical mistake that can be avoided if doctors carefully check a patient's vital signs. To learn more about this medical mistake, please check out the link.

The Madison St. Clair Record is reporting that a woman sustained severe and debilitating injuries after a doctor did not attend to her spinal condition in a timely fashion. The medical malpractice lawsuit was filed in Madison County Circuit Court in Illinois. The woman claims that she went to the doctor on October 8, 2009 to receive a physical examination. At this visit, the doctor ordered an MRI of the woman’s lumbar spine. This MRI revealed that the victim was suffering from cauda equine syndrome. This is a syndrome that will cause a significant narrowing of the spinal canal that will compress nerve roots. If this is not treated, it can lead to a permanent loss of bowel and bladder control. It may also lead to paralysis of the legs.

After the doctor learned of this woman’s condition, he negligently failed to admit the victim in to the hospital in a timely fashion. The medical malpractice lawsuit also claims that he failed to conduct spinal surgery in a timely fashion thereby failing to treat her cauda equine syndrome quickly enough. Finally, the medical malpractice lawsuit claims that the doctor should have ordered the MRI on an emergent basis. The medical malpractice lawsuit seeks a judgment of more than $50,000. To read more about this medical error, please check out the link.

Failure to treat a medical condition in a timely manner is a common medical malpractice claim. If a doctor or a healthcare provider delays either your diagnosis or your treatment, he is putting your health at a great risk. A once treatable condition can now escalade into a serious condition. That is why it is imperative that all x-rays and test results are completed in a timely fashion. If you believe that your healthcare provider has committed a medical error by delaying your treatment, please consult a Chicago injury lawyer.

The New York Times has reported that an Arena Football League player filed a medical malpractice lawsuit claiming that a team doctor has misdiagnosed his concussion two years ago. This medical error has resulted in a permanent injury for the football player. This is the first medical malpractice lawsuit filed that speaks to the malpractice associated with concussion care in football. The player was a kicker for the A.F.L. in 2008 when he sustained a series of hits to the head over several games. The medical malpractice lawsuit claims that the team physician treated him only for a headache and “failed to properly evaluate and observe” his condition before clearing him to play.

This lawsuit is not the first in a series of brain injury lawsuits filed by football players. In November of last year, La Salle University settled a lawsuit in the amount of $7.5 million filed by a player severely injured by a concussion that he claimed had been mistreated by university medical staff. Also in 2000, Chicago Bear player Merril Hoge received a $1.55 million jury verdict in a brain injury case against the team’s physician Dr. John Munsell. Once again, it was alleged that the team’s physician medical error led to a more serious brain injury. Brain injuries in sports have been a closely watched topic. Professional sports doctors must be extremely cautious when clearing players to participate in any type of physical activity. To read more about the current medical malpractice lawsuit, please click the link.

The Washington Post is reporting that a jury has awarded the family of a medical malpractice victim nearly $3 million. The victim was a man who died after his esophagus tore while he was swallowing a piece of steak. The medical malpractice jury found that the radiologist was liable for misdiagnosing the man’s condition as a hiatal hernia. The state’s medical malpractice cap will require the jury’s award of $2,933,500 to be cut by more than half. This puts the ending jury verdict at $1.25 million. The anesthesiology group also agreed to pay a settlement of $600,000.

The victim had entered the hospital complaining of chest pains and trouble swallowing after he had eaten the steak. When he entered the hospital he stated that the piece of meat went down the wrong way. In reality, the piece of meat had gotten stuck in this throat. At the hospital he was given a number of tests which included an EKG, an X-Ray and a CT scan. The computer stated that the victim had a “large hiatal hernia” and doctors treated him with oral medicine. However, his pain did not decrease. Doctors continued to try to diagnose his chest pain. Finally, after a day of searching a surgeon found the victim’s perforated esophagus. He was immediately prepared for surgery and an epidural catheter was inserted. Court documents show that after the catheter was inserted the victim went into cardiac arrest. He had been severely weakened by the perforated esophagus which caused his cardiac arrest. The man died less than two weeks after his surgery.

This case highlights two aspects of medical malpractice law. First, it is yet another example of the 98,000 people who die annually as a result of medical malpractice. Second, it shows that medical malpractice caps are quite misleading. The jury was never told about the state legislation and hoped that the victim’s family would be justly awarded nearly $3 million in compensatory damages. However, the family was impacted by an unconstitutional state malpractice law. To read more about this specific case, please click the link.

The family of a medical negligence victim is blaming nurses at an Illinois hospital for the victim’s death. They believe that these nurses were guilty of a number of negligent acts. The woman was first admitted to the Illinois hospital with signs and symptoms of respiratory infection. The victim had told nurses that she was just getting over an upper respiratory infection. Nurses found that her oxygen level had steadily decreased from 97 percent when she was admitted to 92 percent four days later. The medical malpractice lawsuit then states that the woman began coughing up blood and was too fatigued to perform physical therapy. She constantly complained of feeling ill and developed a temperature. Her husband was repeating her need for aide to the nurses.

However, despite all the indications of lung failure the nursing staff negligently failed to test her blood oxygen saturation and did not report her symptoms to her treating physicians. The Record reported that the nurses were ignoring the symptoms of her Acute Respiratory Distress Syndrome and additionally failed to treat such disease. It is the duty of the medical personnel to adequately assess all problems. Nurses should be in constant contact with doctors concerning a patient’s health. The victim wrongfully died at Memorial Hospital 18 days after being admitted. The man has filed a medical malpractice lawsuit claiming a loss of love, affection companionship, services and support. He has named specific nurses in the compliant and is seeking compensatory damages. If you believe you have been a victim of medical negligence, please contact a Chicago medical malpractice lawyer. To read more about the medical malpractice lawsuit, please click the link.

A Collinsville, Illinois woman claims her daughter died after her doctor allegedly failed to provide her with proper pre-natal care. She filed the medical malpractice lawsuit against both the hospital and physician. The medical malpractice lawsuit claims that the doctor breached her duty of care by failing to monitor or assess the fetal viability during the pregnancy in light of the existing medical conditions. Also, the doctor failed to treat the mother’s diabetes in order to properly ensure fetal development. Finally, the medical malpractice lawsuit states that because the doctor failed to intervene when the fetus became distressed her daughter died. The Illinois lawsuit seeks more than $400,000 in damages. To read all of the medical malpractice counts, please click the link.

A couple is suing their doctor for medical malpractice claiming that the physician deviated from appropriate medical standards. A medical malpractice attorney filed the lawsuit on their behalf, claiming that the plaintiff was injured as a result of this negligence. The lawsuit claims that the doctor supposedly failed to see the patient for almost 10 days post-surgery and that the patient was prematurely discharged from the hospital. The victim then suffered a severe infection that required multiple treatments, great physical pain and suffering, and mental anguish and anxiety. The patient has acquired over $200,000 in medical expenses. To learn more about the medical malpractice lawsuit, please click the link.

A former student athlete and his parents have filed a medical malpractice lawsuit against his doctors and hospitals nearly a year after a flesh-eating bacterium led to the amputation of his legs. The medical malpractice lawsuit seeks damages in excess of $25,000 and was filed against more than 15 doctors, their companies and two hospitals. The young athlete was a captain of the rowing team last year when he felt pain in his lower calf muscle. This sent him to the emergency room where doctors diagnosed necrotizing fasciitis which is a rare strep infection. He was on life support four days later and flown to a medical center. Doctors had to amputate both his legs above the knee and he was given less than a 20 percent chance of survival. The medical malpractice lawsuit claims that his care fell below accepted medical standards and that his parents were not properly informed of a treatment plan. To learn more about the medical malpractice lawsuit, please click the link.

A man who suffered gangrene after surgery won a large jury award for medical malpractice against his doctors and hospital. The man underwent heart surgery for an improperly functioning valve. His doctors did not monitor him for blood clotting and he developed gangrene. The gangrene resulted in amputation of several limbs. The jury awarded the man $10 million in medical malpractice damages.

Read more about the medical malpractice claim here.

A medical malpractice lawsuit was recently filed on behalf of a family who lost their 22-month old daughter as a result of medical negligence. In May 2007, the child was taken to a hospital’s emergency room with a fever. Within an hour of being at the hospital, her temperature rose to 105.7 degrees. Despite this rise, the attending doctor in the emergency room sent her home. The family returned to the emergency room where the child died less than an hour after arriving at the hospital. The lawsuit alleges that the attending physician was negligent because he deviated from the standard of care by sending the family home. Instead, tests should have been run to measure her blood counts. To read more about this medical malpractice lawsuit, follow the link.

A lawyer won $7.5 million for her client whose doctor “failed to correctly diagnose and treat a hospital infection that led to gangrene in both his arms and legs.” The patient originally went to the hospital for ulcer treatment but then had to have his limbs amputated from his doctor’s negligence. The infection the patient had contracted was methicillin - resistant Staphylcoccus Aureus which is a common infection found in hospitals. Although the patient informed the doctors at the hospital of his symptoms that were clearly MRSA signs, they failed to diagnose him.

Read more about the lawsuit here.

The failure to diagnose acute appendicitis is one of the most common medical mistakes leading to medical malpractice lawsuits. As many as 30% of patients with acute appendicitis were initially misdiagnosed by a physician at a pervious medical examination. The most common diagnosis in missed appendicitis cases is Agastroenteritis. Delayed or missed diagnosis of acute appendicitis can have serious consequences including death, recurrent small bowel obstruction, impaired fertility in women, and extended hospital stays. Acute appendicitis should be considered a possible diagnosis with all complaints of abdominal pain. For the full article, click here.

Closing arguments were heard in the medical malpractice trial involving the death of a high school student while under the care of an orthopedic surgeon. The trial presented uncontested facts that the girl underwent arthroscopic knee surgery in early April of 2004. Near the end of that month the girl’s physical therapist noted that the girl had swelling in one calf and that she complained of pain, yet the orthopedic surgeon did not note the inflammation or order any special tests to rule out such possibilities as a blood clot. Three days later, the girl died of massive pulmonary embolism from a blood clot. The state’s medical review panel could not conclude whether there was medical malpractice. The jury is currently deliberating on the medical malpractice trial. To read the full story, click here.

Recent reviews have found there are an abundance of cancer treatment errors found at various clinics throughout the United States, especially in outpatient clinics. In 1,400 patient charts that were examined, a total of 117 errors were found. 15 caused harm to patients while 64 errors had the potential to cause harm, according to the article. The study showed 60% of the errors associated with adult cases were due to administration of treatment. 64% of the pediatric errors was linked to the ordering of medication.

For the full story, click here.

Doctors found that women who were overweight or obese and underwent breast surgery were more likely to develop lymphedema, a chronic condition of painful swelling in the arm or shoulder area. According to Doctor Jane Armer, diagnosis of lymphedema can be difficult. She also said it “often goes undiagnosed and untreated by physicians and patients.”

For the full story, click here.

A state medical board has reprimanded and fined a physician at a hospital in connection with a 2004 case in which a 40-year-old woman died while awaiting discharged. The woman came to the emergency room complaining of pain that she described as an “elephant sitting on [her] chest.” The doctor ordered standard lab work, a chest X ray and an EKG. The patient appeared to be improving, but then “experienced ventricular fibrillation” and died. A board-appointed peer reviewer found that the doctor’s actions failed to conform to minimum standards both as to diagnosis and to treatment. The doctor will be fined $5,000 and complete 15 hours of additional continuing medical education. The doctor will also pay $400 to the board as reimbursement of administrative fees and agree that a consent order will be placed on his physician profile. This is yet another example of how medical malpractice leads to a wrongful death. To read the full story, click here.

A lawsuit against an allegedly negligent hospital and negligent surgeon comes after a death post-surgery. A 39 year old woman died after gastric bypass surgery, she is survived by her husband who claims that the hospital was negligent by failing to monitor the patient and by doing surgery when the patient was not a good candidate for it. A lawsuit has been filed for both the personal injuries sustained by the patient before her death and also for damages that the family has suffered after the death in the hospital. The medical malpractice lawsuit claims that both the doctor and hospital were negligent in the surgery and treatment of the patient. To read the full story click here.