Sexner Injury Lawyers LLC and their legal team recently represented a family in a medical malpractice case that resulted in a $9.25 million settlement after an alleged delay in responding to a life-threatening medical emergency during a C-section.
The case involved catastrophic and ultimately fatal injuries. But the claim was not based simply on the fact that a serious complication occurred during a medical procedure. The allegations focused on how the medical team responded after the patient's condition became critical and whether emergency measures should have been initiated sooner.
The medical malpractice claim alleged that the anesthesiologist and nursing staff failed to activate a Code Blue in a timely manner. The mother suffered a severe hypoxic brain injury, remained in a vegetative state and later died.
The case was ultimately resolved for $9.25 million.
For a more detailed discussion of the medical circumstances, allegations and legal issues involved, read our full $9.25 million medical malpractice settlement case result.
A Medical Emergency Can Become a Question of Minutes
One important lesson illustrated by this case is that medical malpractice does not always involve a single obvious mistake.
Sometimes the central issue is delay.
A patient may enter a hospital for an anticipated procedure and suddenly experience a medical crisis. At that point, an important question may be whether doctors, nurses and other medical professionals recognized the patient's deterioration quickly enough and responded appropriately.
When oxygenation, breathing, circulation or other critical functions deteriorate, the sequence of events can become extremely important.
For lawyers and medical experts investigating such a case, it may not be enough to know when a Code Blue was ultimately called. The investigation may also need to determine what the patient's vital signs showed beforehand, who had access to that information, what communications occurred among members of the medical team, what interventions were attempted, whether hospital protocols were followed and when additional emergency assistance should reasonably have been summoned.
As a result, a catastrophic hospital malpractice case can sometimes turn on a reconstruction of events measured in minutes.
The Medical Chart May Tell Only Part of the Story
Patients undergoing surgery generally cannot observe or remember everything occurring around them, and family members are usually elsewhere in the hospital.
As a result, the investigation frequently begins with the medical records.
Those records may include anesthesia charts, electronic monitoring data, nursing notes, medication records, operative reports, physician orders, emergency-response documentation and applicable hospital policies.
But obtaining the records is only the beginning. The information must also be carefully compared.
A notation made by one provider may need to be evaluated against electronic vital-sign data recorded during the same period. Nursing documentation may need to be compared with the anesthesia record. The time an emergency response was formally recorded may need to be considered together with evidence showing when the patient's deterioration actually began.
Our Chicago medical malpractice lawyers investigate cases involving serious medical injuries with the assistance of appropriate experts to determine what occurred, whether the applicable standard of care was followed and whether any departure from that standard caused or contributed to the patient's injuries.
When Several Medical Providers Are Involved
Modern hospital care is often provided by a team rather than by a single doctor.
During surgery, responsibilities may be divided among surgeons, anesthesiologists, nurses, technicians and other medical professionals. Each may have different responsibilities, but those responsibilities can overlap when a patient's condition suddenly becomes critical.
An anesthesiologist, for example, plays an important role in monitoring oxygenation, breathing, circulation and other vital functions while anesthesia is being administered. Our page concerning anesthesia errors discusses these responsibilities in greater detail.
Nursing personnel may also be responsible for monitoring the patient, recognizing significant changes, communicating information and assisting with an emergency response.
A medical malpractice investigation may therefore need to examine not only what individual healthcare providers did, but also how the entire medical team communicated and responded as events unfolded.
Proving a Delay Is Not Necessarily Enough
Another important issue in medical malpractice litigation is the difference between proving that something should have happened sooner and proving that the delay actually caused an injury.
That second issue is generally referred to as causation.
Even if medical experts conclude that an emergency response should have been activated earlier, the defense may still contend that the patient's catastrophic injury would have occurred despite an earlier response.
The plaintiff must therefore generally establish a connection between the alleged negligence and the resulting injury.
That analysis may require specialists to examine the patient's medical condition, oxygen levels, cardiovascular status, neurological injury and the sequence of resuscitative efforts. A critical issue may be whether timely intervention probably could have prevented the injury or materially changed the patient's outcome.
In this case, the allegations included that the delay in activating the emergency response resulted in the loss of an opportunity to prevent or substantially reduce the devastating neurological injury.
Catastrophic Brain Injury Affects an Entire Family
Severe oxygen deprivation can cause permanent brain damage. A catastrophic brain injury may leave a patient unable to communicate, move independently, work or perform ordinary activities of daily living.
Our information concerning serious brain injuries discusses the profound consequences neurological injuries may have for both patients and their families.
When a patient survives for a period of time following an alleged act of malpractice but ultimately dies as a result of the injuries, the legal case may involve several categories of damages. Depending upon the circumstances, Illinois law may also provide rights associated with a wrongful death claim.
No financial recovery can restore the health of someone who has suffered catastrophic brain damage or replace a loved one who has died. A medical malpractice settlement instead represents the civil justice system's method of providing compensation for legally recoverable losses when negligence and causation can be established.
The $9.25 Million Resolution
After investigation and litigation, the legal team representing the mother and her family obtained a $9.25 million settlement of the medical malpractice claims. Sexner Injury Lawyers LLC participated as part of that legal team.
Results such as this are important to the clients and families involved, but they should never be interpreted as a prediction about another medical malpractice case. Every claim involves different facts, medical issues, defendants, insurance coverage, damages and evidence.
What can be carried from one case to another is the importance of carefully investigating what occurred.
When a family knows that something went terribly wrong in a hospital but does not know why, answers may emerge only after the medical records are obtained, the timeline is reconstructed and qualified medical experts analyze the care that was provided.
Talk With Sexner Injury Lawyers LLC About Suspected Medical Malpractice
If you or someone in your family suffered a catastrophic injury or death following a surgical emergency, anesthesia complication, delayed emergency response or other suspected medical mistake, you do not need to determine on your own whether medical malpractice occurred.
Sexner Injury Lawyers LLC can investigate the circumstances, obtain and review relevant medical records and consult qualified medical professionals when appropriate.
Call (312) 243-9922 or contact Sexner Injury Lawyers LLC for a confidential consultation.
Prior settlements and verdicts do not guarantee a similar outcome. Every case depends upon its individual facts and circumstances.
