Illinois Medical Malpractice Blog

A medical malpractice trial recently ended involving a terrible medical misdiagnosis of a kidney problem in a young 24 year old mother of two.

As reported in the Washington Post, Yesenia Rivera went to her local emergency room several years ago complaining of pain in her left side. The doctors incorrectly believed the pain was cause by kidney stones. They gave her medication and sent her home. Two days later, however, Rivera was again suffering for extreme side abdominal pain. She rushed back to the emergency room to seek help. ER doctors believed that she was suffering from either a gallbladder problem or ectopic pregnancy.

It was until twelve hours later that it was finally discovered that Rivera was in fact suffering from a kidney infection. The delay in diagnosis allowed the infection to spread. Eventually gangrene set in, leading to severe amputations. Ms Rivera ultimately lost part of her left leg and her right foot. In addition, in a syndrome called “autoamputation” the several injured tips of her fingers literally fell off on their own.

The debilitating injuries have costs hundred s of thousands of dollars in medical bills and lead to month of physical therapy. On top of that, Rivera now uses prosthetics and has been unable to work since the complications from the delayed diagnosis.

Our Chicago medical malpractice lawyers at Levin & Perconti have fought for decades for the rights of victimized patients like Ms. Rivera. The mismanagement of her care by the physicians at the emergency room that treated her is an unacceptable breach of the care all medical patients deserve.

Often forgotten in cases discussing these medical errors are the other innocent victims when these mistakes are made, like Ms. Rivera's two young children. All the suffering that their mother endured affects their day to day lives. Our medical malpractice attorneys are committed to pursuing justice both for the patients hurt by medical negligence and the suffering family who was also scared by the mistake.

Many people are aware of the deadly consequences of doctors who fail to diagnose a medical problem or wait too long before giving an official diagnosis. A similar medical mistake that is less discussed but with just as harmful consequences is when doctors tell a patient that they have a deadly condition only to later discover that the patient was healthy all along.

The Boston Globe recently discussed an example of that type of medical malpractice. Manuel Barros's life was turned upside down when, after receiving a biopsy, he was told by his doctor that he had prostate cancer. Willing to do whatever it took to get his health back, Mr. Barros endured a painful surgery to help eliminate the supposed cancer. As a result of the surgery, Mr. Barros suffers from incontinence (forcing him to wear adult diapers) and erectile dysfunction.

However, shortly after his surgery, Mr. Barros doctor informed him of a serious mistake: Mr. Barros never even had prostate cancer. As part of the laboratory process following his biopsy test, the lab had switched Mr. Barros slides with that of another patient. The other patient, Thomas Cloutman, actually had the cancer instead. Mr. Barros was cancer-free all along.

That meant that the months of mental exhaustion, emotional trauma, and the physical toll of the surgery was all for naught. If the lab had only correctly handled the testing materials, Mr. Barros would never have needed to endure any of it.

On the other hand, Mr. Cloutman is facing a similar roller coaster of problems. The mistake meant that he has to endure the flip side of emotions, learning that his negative diagnosis was wrong, that he was indeed suffering from cancer. It is unclear how much the eight-month delay in diagnosis will affect the chances of his full recovery.

Basic healthcare errors like this one involving misdiagnosis are reminders of why advocates need to carefully monitor medical officials to ensure they meet the standard of care patients deserve. Our Chicago medical malpractice lawyers at Levin & Perconti act as watchful advocates holding hospitals, labs, and other medical providers accountable for the grievous errors they sometimes make. Patients like Manuel Barros have no option but to trust that their medical information and testing materials are handled properly. There is nothing he can personally do to monitor the process.

Please contact our medical malpractice offices if you or someone you know has been similarly affected by medical errors.

The New York Times recently profiled a Michigan woman who endured a partial breast removal, weeks of radiation treatment, continuous drug therapy, and the intense psychological strain of a cancer diagnosis only to discover that she never actually had cancer at all.

Monica Long was a middle-aged registered nurse when a pathologist in her a nearby hospital, Dr. Linh Vi, diagnosed her with ductal carcinoma in situ (D.C.I.S.). Like millions of others, Ms. Long received the diagnosis by the pathologist in her community hospital after irregularities discovered in her yearly mammogram. Dr. Linh ran the pathology department at that community hospital and made the diagnosis even though he was not board certified in pathology at the time.

Following a move to Illinois (and after the surgery and years of treatment), Ms. Long continued her cancer treatment with a new physician. However, the new medical care providers soon discovered something unique about Ms. Long situation. After reviewing the pathology report, the new doctors discovered no evidence of D.C.I.S. at all. Ms. Long never had the cancer in the first place. The breast removal, other treatments, and intense fear that go along with a cancer diagnosis had all been unnecessary.

Unfortunately, Ms. Long’s ordeal is far from a rare occurrence. Since the use of regular mammograms in the 1980s, the number of D.C.I.S. diagnoses in American woman has skyrocketed over 800%. However, a new study by the Susan G. Komen for the Cure organization discovered that the diagnoses are fraught with error. The study estimates that nearly 90,000 woman have received an erroneous breast cancer diagnosis or treatment plan. Similarly, a pathologist who reviews slides for women who seek second opinions in breast cancer diagnoses has discovered that cases like D.C.I.S. may be misdiagnosed up to 20% of the time.

For many women the error of misdiagnosis of breast cancer is compounded by treatment options that are often much more aggressive than necessary. For example, even though D.C.I.S. is curable in 90% of cases, a full mastectomy (breast removal) is sometimes offered as an option. Among D.C.I.S. patients, the mastectomy rate has nearly tripled since 1998.

Overall, the current situation is one where many women undergo unnecessary and painful procedures due to false diagnosis of breast cancer. The error is then made worse by a tendency to commit to the most aggressive and irreversible treatment options, even though not necessary. These mistakes are harming thousands of women each year, many of whom never fully realize the extent of their doctors’ mistakes. Our Chicago medical malpractice lawyers at Levin & Perconti encourage all women to remain vigilant to any concerns about misdiagnosis or improper treatment. As Ms. Long’s case demonstrates, even someone trained in the field as a registered nurse is unable to fully understand the risk and error the pervades many medical practices when unprepared medical professionals engage in too much speculation. Please contact our professionals if you even suspect that you may have been one of the thousands who have fallen victim to this vicious trap of medical mistake.

Click Here to read the full article and learn more about the current problem of medical error in breast cancer diagnosis.

The Republic covered a recent jury verdict in a boundary challenging medical malpractice suit.

Margaret Mueller sued two of her doctors who missed a cancer diagnosis. Mrs. Mueller’s doctors diagnosed her with ovarian cancer. Shortly after the diagnosis she began the long, painful treatment process. Her long-time partner Charlotte Stacey describes it as forcing Margaret to “literally sleep her life away” for three and a half years. After the treatment began she was no longer able to climb the 27 stairs to their condo, so the couple was forced to move. The move resulted in Charlotte having a 4 hours commute to work each day. Charlotte also describes the many sleepless nights, injections, and rushed trips to the hospital during the treatment.

However, after all of that, it was eventually discovered that Margaret did not have ovarian cancer at all. Instead, she actually had cancer of the appendix. That meant that the years of devastating chemotherapy had been completely unnecessary and had allowed the actual cancer to spread throughout her body.

Evidence indicated that the original pathology report correctly revealed the cancer. However, her doctors failed to read that report, leading to the years of needlessly and harmful mistreatment.

Sadly, Margaret was unable to recover from the medical errors and missed diagnosis. She died last year before the trial began.

However, the medical malpractice story does not end there. While the jury determined that the doctors’ error led to over $2 million in damages for Margaret, that same jury was not allowed to determine if her partner of 20 years Charlotte Stacey deserved compensation for the struggles she endured while caring for her dying loved one. Before the trial, a local judge had thrown out Charlotte’s claim (known as a “loss of consortium “claim), because the couple were of the same sex and therefore not able to marry. Had the couple been of different genders and legally allowed to marry, the jury would have been able to award compensation for the suffering a partner endures when a loved one is the victim of medical malpractice.

Medical malpractice has devastating effects not just on the patients who are given inadequate care but also on their family and friends. Our Chicago medical malpractice lawyers at Levin & Perconti have fought for families of medical malpractice victims, ensuring that they are compensated for the suffering brought upon by negligent medical care. We have won many verdicts for missed diagnosis, included several multi-million dollar awards for improper cancer diagnosis.

No family, no matter what the gender of the partners, should be denied fair access and treatment by the courts. No negligent doctors deserve to be let off the hook merely because they happened to botch the medical care of someone in a same-sex relationship instead of an heterosexual relationship.

If you are or anyone you know have experienced inadequate medical care, be sure to contact our medical malpractice attorneys. We will fight for all types of families that have been victimized by medical error.

A gynecologist failed to discover a growing mass on a woman’s breast. The mass was then detected a year later by her family physician and was determined to be terminal cancer. The 34-year-old woman has filed a medical malpractice lawsuit against her gynecologist claiming that the doctor failed to discover the cancer during her exam. The woman had filled out a form that clearly stated she had a pain in her breast. The medical malpractice lawsuit claims that the family doctor had felt something in the victim’s breast during a breast exam and encouraged her to seek a mammogram. It was then discovered that she had a cancerous tumor growing in her breast. The cancer spread to a bone in her back and it was determined that the cancer was incurable. To learn more about the medical malpractice lawsuit, please click the link.

A state’s officials have fined 13 hospitals for medical errors that have killed or seriously injured patients. A report shows that one hospital was fined $50,000 with the death of a patient that died after he pulled out his tracheotomy tube although there were instructions that that patient be restrained and supervised. There was also a fine given to a hospital that misdiagnosed an ectopic pregnancy. A woman’s oxygen levels were not monitored correctly, leading to another fine. A patient died after nurses failed to notice that his heart monitor was disconnected. These are just a few of the examples of the 98,000 people who die every year as a result of medical error. To learn more about the hospital fines, please click the link.

A family was worried when their newborn had large bruises on her body, yet their doctors told her parents not to worry. Soon the baby’s skin turned yellow, her liver showed signs of scarring and a blood clot formed in her brain. A few days later their newborn was steps away from death. SunSentinel.com reported that the doctors told the parents different things every day. Fortunately, the baby survived, but the virus she acquired left her with lifelong disabilities. Now she has severe vision problems and permanent cirrhosis of the liver. Recently, a jury awarded the family a $4.3 medical malpractice lawsuit against the doctors who treated the baby. The jury found that the doctors ignored symptoms that pointed to an enterovirus, a mild illness that can become deadly in infants without a developed immune system. The doctors also committed medical mistake to take blood and liver tests that could have easily identified the virus. The blood clot damaged parts of the baby’s brain, and now she is left with a learning disability that affects her school work. Failure to diagnose is one of the many medical errors that doctors commit. To read more about the medical malpractice lawsuit, please click the link.

A jury awarded the survivors of a deceased farm worker $3.7 million in a medical malpractice lawsuit. The man died January 1, 2004, after contracting blastomycosis, a fungal infection often transmitted through water or soil. The man had visited a medical center twice in December of 2003 complaining of illness. The man was seen by physician assistants who determined he had pneumonia. The health care center failed to run basic diagnostic tests, including X-rays. He was admitted to a hospital on December 23, 2003 and diagnosed with blastyomycosis, but it was too late to save his life. The jury found that the health system and the doctor who was responsible for overseeing the physician assistant were medically negligent. Unfortunately, the award will be reduced because the state has medical malpractice caps. To read more about the medical error, please click the link.

A woman who claims she was misdiagnosed at a hospital who confused her x-rays filed a medical malpractice lawsuit against the hospital. The woman claims while at the hospital suffering from a ruptured diaphragm, miscommunication ensued over her x-rays which led doctors to diagnose her with a urinary tract infection and muscle strain. When the emergency room finally corrected this medical misdiagnosis several weeks later, doctors had to surgically remove a third of her stomach. The woman’s medical malpractice attorney claims the woman has had six corrective surgeries since the hospital’s negligence. A jury awarded her $5 million against the hospital.

Read more about the medical malpractice jury award here.

A man with a staph infection was misdiagnosed and filed a medical malpractice suit. The man’s medical malpractice attorney claims his client went to the emergency room complaining of headaches, shakes, and fever. The doctor on duty told the man he had a strain of flu and just needed rest. Instead the man had a staph infection in which he almost lost his life. The jury awarded the man $5.45 million dollars for medical malpractice.

Read more about the medical misdiagnosis here.

A woman who complained of chest pains was misdiagnosed by a physician which led to permanent heart damage. The woman later filed a medical malpractice claim against the physician for misdiagnosing her chest pains. The medical insurer for the physician group the doctor belonged to also claimed that the group did not properly report the medical malpractice claim. The judge for the medical malpractice suit concluded that the woman should receive $2 million in damages.

Read more about the medical malpractice settlement here.

A man filed a medical malpractice lawsuit against a medical center claiming they made a series of medical mistakes while treating him for severe abdominal pain. The man was rushed to the hospital where he claims he was misdiagnosed and told he needed surgery. When undergoing surgery, the man claims the doctors realized they were wrong about needing to perform the surgery in the first place on the man. Later, the man was diagnosed with a digital hernia from the surgical procedure.

Read more about the medical negligence lawsuithere.

A man died from a bowel obstruction after a hospital sent him home days earlier when he reported abdominal pain. The family claims the hospital was negligent and thus decided to file a medical malpractice claim against the hospital. X-rays show that the emergency room doctor failed to recognize a bowel obstruction in the man’s stomach, according to the deceased’s family.

Read more about the hospital malpractice here.

Medical malpractice lawyers recently argued their client’s case in front of a judge and jury and received a reward of $12 million for the 33-year-old woman who suffered disability and brain damage during a routine colonoscopy and endoscopy. During the procedure, the doctor perforated her small intestine. After the procedure, the plaintiff developed common symptoms of a perforated small intestine, including severe pain and vomiting. When she contacted the doctor, he prescribed her anti-vomiting medications. The next day, her pain continued and she was taken to the emergency room where they diagnosed her condition. Because of this delayed diagnosis, she went into cardiac arrest, leading to brain damage and permanent disability. Follow the link to read the full article about this medical negligence case.

Malrotation is an “abnormal alignment of the bowels that can cut off blood flow to the intestines,” according to the article. Doctors told a woman not to worry when they misdiagnosed her baby's conditions. They assumed the baby was only spitting up when he really suffered from malrotation. According to the article, “treatment is often delayed because parents and pediatricians mistake the symptoms for those of other, less serious conditions.” This condition is fatal. Failure to diagnose medical conditions often leads to medical malpractice suits.

Read more about diagnosing this medical condition here.

A man’s death brings a lawsuit against a hospital and doctor for lack of treatment. The deceased’s family alleges that when he was admitted to the emergency room at the hospital for a fever the doctor failed to diagnose the man for an ulcer that developed. According to his family, the failed diagnosis brought the man pain, suffering, and ultimately his death.

Read more about the alleged failed diagnosis here.

A military officer’s skin cancer was overlooked and later misdiagnosed as a wart by two different military doctors. When seeking out a third opinion after his tour was over, he learned he had stage three skin cancer and died 18 months later. The medical misdiagnosis led to legislation introduced in the House. The legislation allows military personnel to sue the government for medical malpractice.

Read more about the medical malpractice legislation here.

A doctor at Scott Air Force Base in Illinois misdiagnosed an Air Force officer’s ex-wife’s rash on her arm. He told the woman to go home and take over-the-counter medication for her rash. The condition was not a rash but a flesh eating bacteria. The medical misdiagnosis caused the woman to lose the use of her arm. The woman was awarded $8.5 million for her medical malpractice claim.

Read more about the medical misdiagnosis here.

A hospital’s misdiagnosis a boy’s cancer led to his death according to his family’s complaint filed against the hospital. The hospital originally diagnosed the son with bacterial meningitis and released him. The condition later was determined to be an aggressive form of anaplastic central nervous system T-cell lymphoma cancer that killed the boy. Two of the four patients that received the boy’s organs have died from the cancer. The lawsuit also claims doctor negligence.

Read more about the hospital’s misdiagnosis lawsuit here.

A doctor accused of molesting female patients during medical procedures was told to suspend practice and turn in his license, according to the news article. The cosmetic surgeon was charged with sexual battery by fraud, sexual battery, and rape by a foreign object. Most of the women complainants were under anesthesia when molested. The doctor had also been accused of medical negligence . That patient claimed the doctor never reviewed a cancerous cyst removed from the patient.

Read more about the doctor’s legal battles here.