Doctor Cleared In Patient’s Death

Verdict: Not Guilty

Date: December 2010

County: Cook

PLTF Medical: Tanisha Miles, C.N.A. (Nursing), Erika VanDyke, R.N. (Nursing), Tracy Neuding, R.N. (Nursing), Patricia Filicicchia, R.N. (Nursing) and Deborah Thomas, L.P.N. (Nursing)

PLTF Experts: Dr. David Kuo, D.O. (Internist) and Dr. Michael W. Kaufman (Pathologist

DEF Experts: Dr. Steven J. Eisenstein (Family Practice)

Summary: Plaintiff was admitted to South Suburban Hospital after falling. The following day he vomited 200 cc of coffee-ground emesis between 1:00 and 2:00 a.m.. The floor nurse called doctor to report nausea. Plaintiff vomited to additional times, also with the floor nurse contacting the doctor. On the fourth occasion that the Plaintiff vomited, he began gurgling and became unresponsive and pulseless. He was resuscitated by suffered hypoxic encephalopathy and remained on life support until he died shortly thereafter. The estate maintained that the type of vomit was suggestive of an upper gastrointestinal bleed and the insertion nasogastric tube would have prevented further vomiting. The doctor maintained that the floor nurse never told him of the coffee-ground emesis. The doctor also claimed that the nurse was negligent for delaying the administering of Compazine as he had ordered. Additionally, the defense asserted that the Plaintiff died from years of uncontrolled diabetes and hypertension.

Category: Medical Malpractice, Wrongful Death