Expert Affidavit regarding standard of care

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Representing: Plaintiff

Mr. James Harman

Cirignani, Heller & Harman, LLP

150 S. Wacker Drive, Suite 2600

Chicago, IL 60606

Re: Juan De La Rosa

Dear Mr. Harman,

At your request, I have reviewed the films and report of the MRI exam of Juan De La Rosa performed on July 11, 2009 and interpreted by Dr. John Gall. I have also reviewed the Gottlieb Memorial Hospital admit of July 3, 2009.

For the record, I am an actively practicing physician licensed to practice medicine in the State of California, license number XXXXXX. I have been practicing radiology for more than six years. I am Board-certified in radiology. My practice is devoted to radiology, including the review of MRI images of the lumbar spine. I am familiar with the radiology issues involved in this case.

In my opinion, Dr. Gall fell below the standard of care in his interpretation of the lumbar MRI. The MRI demonstrates a obvious large bleed in the retroperitoneal space. Dr. Gall failed to note the large hematoma in his report.

The standard of care required Dr. Gall to include in his report the presence of the hematoma and immediately contact the treating physicians and make them aware of the hematoma. This was not done. Mr. De La Rosa died from an undiagnosed retroperitoneal bleed on July 12, 2009, thus Dr. Gall's failure to detect the bleed and report it contributed to Mr. De La Rosa's death. Accordingly, I believe there is a meritorious basis for an action against Dr. Gall.

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