June 18, 2008- After a lengthy mediation session led by retired Cook County Circuit Court Judge Stuart Nudelman, the defendants, Victor Colin, M.D. and his professional practice, Elgin Family Physicians, agreed to settle the Illinois wrongful death case of decedent, Timothy.
Kreisman Law Offices handled the Illinois wrongful death claim which centered on the Illinois physicians’ medical malpractice as a result of an incorrect diagnosis and treatment of Timothy’s condition of fever, headache, and sleeplessness for at least two weeks. While these signs might not be overly alarming in your typical patient, Timothy’s circumstances weren’t those of your typical patient.
Born with a congenital heart valve defect of Tetralogy of Fallot, Timothy had undergone three open heart surgeries for valve repair, including a porcine (pig) valve replacement of his pulmonary valve in 1981. This history placed Timothy at high risk for bacterial endocarditis, which is a serious infection of the endocardium (the smooth interior lining of the heart) and the heart valves, typically caused by bacteria. It was this type of infection that eventually led to Timothy’s death.
Dr. Colin was aware of Timothy’s history and yet continued to diagnose him with various types of throat ailments even though the patient presented on five different occasions over the course of five weeks with continuing complaints of high fevers, weakness, and sleeplessness (all signs of endocarditis). At no point did Dr. Colin order a chest x-ray, labs, or any other tests that would have diagnosed his bacterial endocarditis. Finally, when Timothy presented with decreased oxygen in addition to his other symptoms, Dr. Colin admitted him to the hospital for testing. But at that point Timothy’s condition was already too far gone. He was airlifted to another hospital the next day, where he died within a week. He was survived by his parents and two siblings.
The defendants were inclined to entertain this mediation setting even before the deposition of the defendants were completed. The case was pending in Kane County, Illinois.
Robert Kreisman and Kreisman Law Offices handle Illinois medical negligence claims and Illinois wrongful death cases for individuals in Cook and its surrounding counties, including Will, DuPage, and Lake.
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