Posted by Sansone / Lauber Trial Lawyers on May 26, 2016SHARE IT
Medical malpractice case settled by our lawyers just days before trial for $4.75 Million. The client’s money will be invested in a structure settlement that will pay out over time for a total value of close to $6.0 Million.
The rules of medicine (the standard of care) require doctors to identify and treat life threatening conditions. Doctors must respond to abnormal test results to prevent injury or death. Violation of these rules is medical malpractice and the healthcare provider is responsible for the injuries caused by that negligence.
In this case, a patient arrives through the emergency room at a hospital. Upon arrival the doctors receive a record of a blood test result showing the patient has abnormally low Vitamin B1. The medical records that the patient has peripheral neuropathy (numbness, tingling and weakness in both legs and feet and both arms and hands). The doctor’s record her pain and weakness is getting worse and that the patient falls and cannot walk. The doctors record the patient’s memory is getting worse and she is slow to respond. The doctors know that a Vitamin B1 deficiency can cause the patient’s problems. The doctors know that a Vitamin B1 deficiency is a medical emergency and must be treated asap.
The doctors know a Vitamin B1 deficiency can be caused from malabsorption of nutrients or malnourishment. The patient’s medical records show she had gastric bypass surgery a few months before. The doctors know that weight loss surgery increases the risk of a patient getting a vitamin B1 deficiency from malnourishment or malabsorption.
The patient’s medical records show that after her weight loss surgery did not go right, she had a blockage between her stomach and intestines. The records show physicians placed a stent in the blockage to hold open the blockage. The doctors know that the blockage and stent increases the risk of a patient getting a vitamin B1 deficiency from malnourishment or malabsorption. The records show that the patient has lost a lot of weight, more than the safe amount after weight loss surgery. A known sign of malnourishment or malabsorption.
The records show that on 4 days Before coming to the hospital, the patient was at a hospital near her home in Illinois. The records show that 4 days before the patient reports to doctors at the Illinois hospital severe pain, numbness and tingling in her hands, arms, feet and legs. The patient also has weakness in her arms and legs and has trouble walking. The records show that before coming to the Hospital, the patient’s Vitamin B1 level was tested. The records show that the abnormally low B1 test result was received by the Illinois hospital the same day the patient arrived at the Hospital and the doctors received the Vitamin B1 test result showing abnormally low levels.
The doctors did not treat the patient for a Vitamin B1 deficiency.
After a few days another doctor at the same hospital writes down that the patient’s problems are likely from a vitamin deficiency after weight loss surgery done a few months before. But, they still did not treat the patient for a Vitamin B1 deficiency.
The patient is never diagnosed and her B1 deficiency is never treated. The doctors send her to a nursing home. Her condition continues to worsen over the next several weeks. The patient becomes more incoherent and hallucinates. The patient gets so bad that that nursing home staff send her to a Illinois Hospital emergency room. The doctors at the Illinois hospital take a Vitamin B1 blood test. The patient’s Vitamin B1 is critically low. The doctors inject the patient with B1, 3 times a day for 2 days.
The patient is sent back to the other hospital and the doctors immediately diagnose the patient with a Vitamin B1 deficiency. The Vitamin B1 deficiency caused a disease known as Wernike’s Korsakoff syndrome. WK is irreversible damage to the brain and nervous system from a Vitamin B1 deficiency.
The patient cannot walk without assistance, she cannot drive, has permanent pain and numbness in her arms and legs, can never work again, and has a permanent brain injury affecting her memory and speech.