Thursday, May 22, 2008

Malpractice Case Reports Illinois, Indiana, Ohio, Massachusetts ~ by Legal Pub


In Lake County, Illinois a two million plus dollar verdict was entered in favor of a four year old because his doctor allegedly pulled too hard on the baby's neck during delivery. As a result the boy suffered severe nerve damage. So far, the young boy has had two surgeries to try to treat his condition and may need another. Both Dr. Thakar and Greenleaf Obstetrics and Gynecology Associates in Gurnee were named defendants. The plaintiff was represented by Attorney Joe Kolar.

North west Indiana has been the site of a $4.45 million medical malpractice suit. The jury found Dr. Rajeev Sareen, a St. Catherine's Hospital emergency doctor, was responsible for medical malpractice. The decedent's family was represented by attorney Holly Wojcik. The family sued Dr. Rajeev Sareen after 45 year old Roger Vuckovich died on Dec. 22, 2001 of an abdominal aortic aneurysm. About 12 hours earlier, he had been discharged from St. Catherine's Hospital where the aneurysm had not been diagnosed. Attorney Barry Rooth argued Vuckovich's death could have been prevented if a CT scan had been performed prior to discharge. Plaintiffs alleged that Vuckovich was misdiagnosed as having a kidney stone. After a five day trial, Lake Superior Court jury found Sareen responsible after about an hour of deliberation. Vuckovich's wife, Cynthia, and three daughters were plaintiffs in the lawsuit.

Also in Indiana, a medical malpractice trial was tried against two physicians at the same time. Angela Hines sued Dr Stan Drake and Dr. Ron Rourke for failing to diagnose an ectopic pregnancy. The patient supposedly did not mesh with Dr. Drake's nurses and was discharged from his care after an ultrasound and a few serial HCG's. Dr. Rourke accepted transfer of the patient about nine days later from a rural emergency room. Dr. Rourke diagnosed the plaintiff with having fetal demise with an incomplete abortion. He performed a D&C within 24 hours of making his diagnosis. The plaintiff was to follow up with Dr. Rourke in two weeks. She did not. Instead, she returned to the ER about 20 days post D&C with what was then diagnosed as an ectopic pregnancy. Dr. Rourke surgically removed the ectopic. Plaintiff subsequently complained about infertility. A medical review panel concluded by a 2 to 1 vote that both doctors were negligent. Dr. Fred Duboe was an expert witness for the Plaintiff. After four days of evidence, the jury deliberated for about 2 hours and returned a defendants verdict in favor of each doctor. Scott Kyrouac represented both defendants.
In Ohio, still another medical malpractice case was tried. A civil jury awarded Heather Grow $22.6 million dollars because her baby suffered permanent brain injuries after it was stuck in her birth canal for more than 13 hours. Jurors found that Dr. Lisa Yang and Group Health Associates were negligent. Approximately, $16 million of the award is allocated to future medical bills and future loss of ability to perform usual functions.

In the summer of 1997, doctors apparently told Heather Grow that she had a narrow pelvic arch. Her unborn child was about nine pounds and thus was likely too big for vaginal delivery. Plaintiff's also alleged that the baby's injuries were caused because medical workers, who were supervised by Yang, continued to give Heather drugs to make the uterus contract, hoping to expel the baby. Apparently, when the uterus contracted on the baby's head it caused brain damage. Plaintiff was represented by attorney Mark Mueller and Patrick P.J. Beirne.
The mother was in labor from 9 a.m. until 10:30 p.m. before the baby was delivered by Cesarean section. The child, Cassie, is now 11. She is unfortunately a spastic quadriplegic who has only limited use of her limbs.

A Massachusetts Jury in December of 2007, awarded Audrey Serrano $2.5 million in her lawsuit against Dr. Kwan Lai, who allegedly misdiagnosed her with HIV. Serrano was treated for almost nine years before learning that she never had the virus. Her treatments caused her to experience depression and a number of health problems. Dr. Kwan Lai allegedly never ordered definitive tests to confirm Serrano's diagnosis.

19 comments:

Anonymous said...

Wow, what a diverse group of verdicts!

Anonymous said...

Seems like doctors are targets for people who get bad results. Just because someone gets a bad result, it does not mean there was malpractice. Doctors should only be required to exercise reasonable care not perfect care. No one is perfect.

Anonymous said...

Boy, Dr. Lai really should have confirmed the diagnosis before he let that woman think she had HIV all those years, in my opinion.

Jan

Secrets said...

I would hate to be a doctor in this sue happy country.

Anonymous said...

All these doctors getting sued. No wonder health care is so darn expensive!

Viper said...

Thanks for updates.

Anonymous said...

I am not a lawyer but seems to me people are suing doctors for things that aren't their fault!

Anonymous said...

Some pretty good lawyering involved in those cases!

Anonymous said...

Malpractice cases are mostly people trying to blame doctors for trying to help patients!

Anonymous said...

Malpractice suits are all about Plaintiff's attorneys trying to cash in on other peoples misfortunes.

Anonymous said...

So are some of the so called experts who testify on behalf of plaintiffs and charge $1000 an hour!

Anonymous said...

It is rare that a doctor deserves to be sued. When he is, hold him responsible. But remember, not every bad result is malpractice! These are men not God!


Tom M.

Anonymous said...

Malpractice is rare. Lawyers usually don't do a good job of distinguishing the good from the bad case, in my opinion.

Anonymous said...

Those are some awful good attorneys in this midwest report.

Anonymous said...

Super legal representative on both sides of the bar. But justice is blind to the quality of the lawyers in most cases.

Anonymous said...

I'll bet the doctors came into court without well-paid, well-educated, well-funded lawyers and just sat there while those devilish plaintiff's lawyers just pulled the wool over the jurors eyes. And, I'll bet that the jurors were all just hell bent on holding the doctor responsible for something he didn't even do. Or, could it be the case that the doctors tried to defend themselves, the evidence was clearly against them, and the jurors (i.e. your neighbors and fellow americans) paid attention and rendered a just verdict? Hmmm. One wonders.

Legal Pub said...

It would appear that there were good lawyers in all the cases and that the jurors reached just verdicts based upon their perception of the evidence. In simple terms, this is called "Justice."

Anonymous said...

The article gives a million reasons why these are some of the best lawyers in the Midwest!

Anonymous said...

I would like to see more articles like this one