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Recent Illinois Medical Malpractice Decisions
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The following are summaries of cases that were recently decided in Illinois medical malpractice lawsuits. This page is frequently updated so please check back.
Abortion clinic liable for woman's death
An abortion clinic failed to remove all of the retained products of conception from a woman during an abortion. Afterwards, the woman made emergency phone calls but the clinic failed to take proper action. A jury found the clinic liable for $4 million.
Doctor fails to make timely diagnosis of breast cancer
Although a 48-year-old woman's mammogram results showed breast cancer, the results were misread, and her cancer went undetected for an entire year. Because of the slow detection, the woman is now only 30% likely to survive over the next 9 years. A jury awarded the patient $2 million.
Jury finds that doctor was not responsible for thumb amputation
A 60-year-old patient received cortisone injections in his thumb to treat a condition called trigger thumb. After the injections, the patient's thumb began turn blue, then purple and finally black. The doctor contended that the thumb amputation was a result of the patient's preexisting condition, and not the cortisone shots. A jury found the doctor not guilty.
Patient dies as a result of medical record errors
When a 70-year-old patient was transferred from one nursing home to another, her records were not properly transferred. Somehow, only the first page of the medical records was delivered. The bottom of the first page read, "see page two" but the patient's new nursing home failed to follow up about the second page. As a result, the nursing home failed to administer required medications and the patient died 4 months later. A jury found the second nursing home liable for $976,784.
Doctors fail to remove placenta after birth
A 40-year-old woman successfully gave birth to a baby, but after the birth, doctors failed to remove the placenta. As a result, an infection began to spread and the woman ultimately required a hysterectomy. The woman sued her doctors, primarily because the hysterectomy ruined her chances of ever having another baby. A jury awarded the patient $1,229,336 for loss of a normal life, pain and suffering, and medical expenses.
A 62-year-old woman underwent surgery for a hip replacement, and before the surgery, the anesthesiologist made three unsuccessful attempts to intubate the patient. After the three unsuccessful attempts, another anesthesiologist finally successfully intubated the patient. Afterwards, the patent's airway was severely injured. The patient underwent surgery to repair her airway, but she continues to suffer with nerve damage, pain and damage to her voice. A jury awarded the patient $900,000.
Victim of car accident dies of esophagus tear
After a severe car accident, a patient was rushed to a hospital for stabilization. The patient was treated for a number of injuries, including bleeding in the lungs and fluid between the lung membranes. 7 days after the accident, the patient died of a perforated esophagus. Although the esophagus injury had not been diagnosed, doctors were able to prove that the patient did not have any symptoms of an esophagus injury and it was likely that the injury occurred immediately before her death. The jury decided that the doctors were not guilty of medical malpractice.
Heart transplant patient dies after being given a diseased heart
When a 58-year-old male patient was given a diseased heart during a heart transplant surgery, he never regained consciousness and died three days later. The surgeon observed that the heart was diseased almost immediately as it was taken out of the cooler. The patient's estate is suing the doctor and the hospital who harvested the heart from a former drug addict, who was at high risk for heart disease. The jury found the doctor not-guilty, but found the hospital guilty. The patient's estate was awarded $2,700,000.
Infant suffers brain damage during surgery
When a two week old male infant was admitted for surgery to correct a rare genetic intestinal disorder, anesthesiologists administered the infant excessive amounts of fluid. As a result, the infant suffered brain damage. The jury awarded the infant $2,950,000.
Child with leukemia dies of infection
After receiving a bone marrow transplant, a 5-year-old leukemia patient showed symptoms of fever, chills, coughing and sore throat. The hospital's staff did not notice the symptoms right away, which resulted in a 10 hour delay before the child received antibiotics. The child died 10 days later. A jury awarded the child's parents $2,250,000.
Parents sue for delay of information that might have influenced them to have an abortion.
A child's severe birth defects were visible in an ultrasound during his mother's pregnancy, but doctors failed to recognize the defects. As a result, the parents did not learn of the defects until it was too late to have an abortion. The doctors were guilty of medical malpractice and the child's parents were awarded $1,030,000 for losing the chance to make an informed decision to have an abortion.
Stitches sewn over splinter leads to infection and three surgeries
An 11-year-old male patient was brought to a hospital for stitches after being tackled into a bush by friends. Seven days later, the stitches became infected and the boy underwent surgery to drain fluid from the infection, but the cause of the infection was not discovered until three surgeries later. During the third surgery, doctors found a two-inch splinter that must have been lodged into the finger at the time of the accident. The patient sued doctors for not detecting the splinter, but the jury decided that the doctors were not guilty of medical malpractice.
Cancer patient's leg is amputated after a post-operative infection
A 60-year-old cancer patient underwent surgery to remove a cancerous mass from his leg. Later that month, the patient was treated for a post-operative infection in his leg. Five months later, the patient was again diagnosed with a lower extremity infection and his leg was amputated. The plaintiffs sued doctors for failing to see the patient within 48 to 72 hours after discharge from surgery. The jury decided that doctors were not guilty of medical malpractice because the patient was contributorily negligent in not returning to the hospital immediately when he began noticing signs of infection.
Doctors fail to diagnose an infant's heart defect
A one-month-old infant was taken to the hospital after he began vomiting after each feeding. An emergency room physician told the infant's parents that he was suffering from a gastrointestinal colic, and sent them home with instructions on how do deal with the colic. Then next day, the infant was taken back to the hospital after continued refusal to feed. A different emergency room physician examined him and determined that the infant had an irregular heart rhythm and was in respiratory distress and shock. The baby died shortly after being airlifted to another hospital. The jury gave a record breaking verdict of $2,250,000 to the infant's parents.
Patient's leg is amputated after sustaining a blood clot during back surgery
During surgery on a 48-year-old female patient's back, doctors noticed that there were no pulses in the patient's foot. After ordering a special radiolucent operating table, doctors closed up the patient and sent her to another operating room. Through an administrative mix-up at the hospital, the table was not available and the patient awoke with severe pain in her leg. Later, doctors operated on the patient's leg and removed an extremely large blood clot. Afterwards, the patient developed gangrene in several toes and doctors ultimately decided to perform a below-the-knee amputation. The patient sued the hospital for insufficient equipment, and a jury found the hospital not guilty.
Patient re-injures shoulder during physical therapy
After shoulder surgery, a 6-year-old male patient felt severe pain when his shoulder popped during physical therapy. As a result, the patient had to undergo a second surgery. Although the hospital contended that it was not the physical therapist's fault, damages were awarded against the hospital for spoliation of evidence due to missing physical therapy records.
Doctors fail to remove placenta after mother gives birth
After a 40-year-old patient gave birth, doctors failed to remove the placenta. As a result, the patient needed a hysterectomy, and could no longer have children. A jury awarded the patient $1,229,336 for loss of normal life, pain and suffering, and medical expenses.
Failure to refill prescription leads to child's suicide
A 12-year-old girl was diagnosed with schizophrenia and given a prescription for a 90-day antipsychotic medication. After 10 days, the girl's mother noticed that there was only one pill left. The mother called Walgreen's pharmacy to have the rest of the prescription refilled. The pharmacy continually refused to refill the prescription. The child went without her medication for five days, and on the fifth day she committed suicide. A jury found that although the child’s mother was 25% contributorily negligent for not noticing the shortage sooner, she was given a verdict against Walgreen's pharmacy for $875,000.
Doctor misreads mammogram and fails to immediately diagnose breast cancer
A 48-year-old female patient underwent a mammogram, which revealed breast cancer, but was misread by the radiologist. One year later, the breast cancer was detected in a second mammogram, and the patient subsequently underwent a lumpectomy. Because the breast cancer was not detected in a timely manner, expert witnesses testified that the patient was 70% likely to have a reoccurrence of the cancer and 30% likely to survive over the next 9 years. The patient was awarded $2,000,000.
Child dies of bowel obstruction after swallowing plastic ball
An 8-year-old girl was taken to the hospital after a 2-day episode of vomiting. The girl's mother reported that the girl hadn't had a bowel movement in two days and that she had swallowed foreign objects in the past. Doctors ordered abdominal X-rays, but doctors were not informed about the X-ray results in a timely manner. The next morning, the child died of septic shock from a bowel obstruction. After an autopsy, the plastic ball was filed in the child's colon. Experts testified that if the ball had been discovered in a timely manner, the child probably would have survived. The jury decided that the child's pediatrician was 25% liable and the hospital was 75% liable for $1,000,000.
Late diagnosis of fractured elbow from seizure
When a 60-year-old female patient was admitted to a hospital after suffering a seizure, she was admitted to a 23-hour observation room. The patient, who had also broken her elbow during a seizure, was not diagnosed with the broken elbow until after a 23-hour observation. The plaintiff sued for medical malpractice, but a jury found the doctors not guilty.
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