Adame vs. Kirshenbaum
This new medical malpractice case in Cook County, Illinois is instructive because of its subject matter. The gist of the action involves an alleged failed diagnosis. Yet, when it relates to breast cancer, we should take note because of its increasing rate in women and the possibility of more missed chances for successful recoveries.
Filed: June 20, 2016
Jurisdiction: Circuit Court of Illinois, Cook County
Plaintiff: Francisco Adame as Independent Administrator of The Estate of Rosa Alvarado
Defendant(s): Kevin KIRSHENBAUM, M.D.; Integrated Imaging Consultants, LLC; Illinois Masonic Medical Center; and Advocate Health Care, Defendants.
This case is tragic because it may have been avoidable. The patient in focus went to the doctors because she had pain and discomfort in her right breast. This first visit occurred in August of 2013. Subsequently, she would return for examinations and testing for the same issue through 2014. However, flash-forward to April 2015, she died of stage III ductal carcinoma. What transpired during these events? That is the focus of this lawsuit, recently filed in Cook County, Illinois. The plaintiff, Francisco Adame, is the administrator of the patient’s estate following her death and he is arguing that the doctors and diagnostic providers should have caught it and stopped it. Therefore, his suit joins a number of parties as defendants. The next section will outline the exact claims he is making against them in his medical malpractice suit.
Claims and Damages:
This is a case for medical malpractice. It targets those who advised, screened, and housed the decedent. Yet, most of the individual arguments make the same claims-that they all messed up in a similar fashion –and here they are: they did properly interpret the August 16, 2013 mammogram; they did not report the findings of the mammogram sufficiently or properly; they did not advise the plaintiff of proper follow-up examinations to take; they did not perform compression views; they did not perform ultrasound views; and they did not refer the decedent to an oncologist for a follow-up examination.
From the passage of these events and the decedent’s passing, the plaintiff claimed the following damages within his complaint, including the following:
- The decedent’s death
- Pain and suffering the decedent experienced prior to hear death
- Various funeral/burial/pecuniary expenses and losses
- Wrongful death damages such as society, affection, companionship, and support.
- 735 ILCS 5/2-622
- 740 ILCS 180
- 750 ILCS 65/15
- 735 ILCS 5/13-212
- 735 ILCS 5/2-1116
- 735 ILCS 5/2-1115
- 735 ILCS 5/2-1114
- 735 ILCS 5/2-1205
- The crux of this lawsuit lies on ability of the plaintiff to show how the defendants’ failure to spot the cancer reduced the decedent’s chances at recovery or actually led to her death. To do this, counsel will have to analyze and compare standards of care based upon the decedent’s comments, condition, etc.
- The value of this case is magnified by the wrongful death component. Many intangible factors go into the settlement/verdict amount and that can have a real amplifying effect. The goal for the plaintiff should be to clearly lay out just how the death impacted those involved so the jury can see the kind and amount of damages that are appropriate.
- The defendant might come back and say even if we missed the diagnosis it was not negligence because of various reasons. Alternatively, they might argue that even if they were negligent it had no impact on the decedent’s situations. To combat this, prove the defendants deviated from the proper standard of care because that will be very persuasive and is indicative of successful recovery.
Were You or a Loved One Injured Due to a Delayed or Missed Medical Diagnosis?
Our team of Illinois medical malpractice attorneys recognizes the significance of an error made by a physician when it comes to identifying an treating an underling condition. A delay or failure to detect the underlying problem can result in the inability to regain a functional life. If you have questions about a case involving a missed medical diagnosis, such as cancer, contact our office for a free case review.