The plaintiff in this newly filed lawsuit entered an emergency room for treatment and later believed that what he received was substandard. Many accidents happen the ER because of either incompetence or accident and it is important to figure which is the case if you are the victim. Here, the plaintiff claims that his treating providers did not identify what was wrong with him and that this hurt him further.
Filed: June 27, 2016
Jurisdiction: Circuit Court of Illinois, Cook County
Category: Medical Malpractice
Plaintiff: Slywia Mackowska
Defendant(s): Daniel Sullivan; Northwest Orthopaedic Associates; Diagnostic Imaging Associates; et al.
This case presents as a classic medical malpractice, emergency room complaint. A young child goes into the hospital room complaining of a bruised arm, the doctor diagnoses it as broken or in some other trivial manner, sends the child home, but fails to identify and treat some larger issue within the patient. This is what the plaintiff (representing the minor victim) is arguing here and is bringing in a number of parties to be held responsible for the damages that resulted. Some of the defendants include the doctor, doctor’s employer, health care facility, and diagnostic and screening company. Obviously, there could be more than one party at fault in this scenario but because of Illinois’ joint and severability laws the plaintiff only has to get one of them on the hook to get the entire amount of damages.
Claims and Damages:
Here are the bulk of the claims that the plaintiff presented against most of the defendants including the physician, neonatologist, and healthcare facility:
- They did not properly interpret X-ray;
- They did not do a sufficient examination to determine the extent of his injuries;
- They did not refer him to the proper specialist; and
- They did not properly treat his arm.
The plaintiff also sued the diagnostic company using the following argument:
- It did not properly perform radiological testing;
- It did not properly interpret the radiological testing results; and
Finally, here are the damages that the plaintiff claimed in her lawsuit:
- Pecuniary losses
- Personal injuries
- 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
- Emergency room cases normally provide many opportunities to challenge the quality of care because in the fast action of the medical environment mistakes can be made.
- In order to challenge the care in this suit, the plaintiff’s counsel must check exactly what the defendants did in order to diagnose the plaintiff and then compare that to the norm of the relevant medical community. This will illustrate whether or not the doctor was operating within the proper standard of care.
- Awards for misdiagnosis across Illinois and even the nation drastically increase if the plaintiff points to some tangible long-term loss and not mere increased short-term pain.
Has Your Loved One Been Harmed Due to a Delay in Diagnosis by a Physician or Hospital?
A delayed or missed diagnosis by a doctor can not only cause ongoing, but it may also result in a progression of the underlying condition to a point where it may no longer be 'treatable'. At Rosenfeld Injury Lawyers, our Illinois medical malpractice attorneys appreciate the frustration faced by individuals and families in these situations and work on your behalf to secure the fullest compensation that you are entitled to under the law. Complete the case intake form here and our lawyers will review the case without any cost or obligation on your part.