Estate Alleges Medical Battery

Verdict: Not Guilty

Date: November 2010

County: Cook

PLTF Experts: Dr. Linda T. Brubaker (Urogynecologist)

DEF Experts: Dr.Jeffery P. Norris (Urologist), Dr. Michael D. Moen Urogynecologist) and Robert J. Smith L.C.S.W. (SocialWorker)

Summary: Plaintiff was referred to Dr. Gluckman for a urological consultation. Plaintiff claimed the doctor performed a urethral dilation without her consent. Plaintiff claimed she suffered from myofascial sensory disorder, urethral pain, and vaginal pain as a result of the procedure. Plaintiff died prior to trial and no evidence deposition had been taken. The Estate contended that the consent form had been crossed out by Plaintiff showing proof of lack of consent. Defense argued that Plaintiff had a long history of urinary problems which had previously been treated with urethral dilation and that she was referred to Dr. Gluckman for that purpose. Dr. Gluckman testified that it was his custom and practice to obtain verbal consent before performing a procedure.

Category: Medical Malpractice, Wrongful Death