$1.4 Million Settlement of Brain Injury

By Benjamin Sansone

As a result of the negligence of the employees and agents of the southern Illinois hospital (named confidential per settlement agreement), a routine knee replacement resulted in a patient's life being permanently altered. One nurse, consciously disregarded and otherwise violated numerous patient safety rules which contributed to this accident then took diligent efforts to cover it up by pre-recording or altering the medical records.

When handling medical malpractice cases, injury lawyers oftentimes see the underbelly of the medical profession, the part most people rarely, if ever, see. It is a lack of empathy and desensitization of human suffering by some medical providers after working in the profession for many years, some turn from caring healthcare providers to factory line workers where patients are just another product running down the conveyor belt. Fortunately, the vast majority of healthcare providers are good doctors and nurses that provide good care for their patients.

One of the reasons I am very proud to be a trial lawyer is that I strongly believe in the American Civil Jury system for enforcing the safety standards of our community. A jury is the enforcer of our societies safety standards and the enforcement of those standards through civil verdicts and settlements helps keep everyone safer. Money is the great motivator fro medical professionals and administration to remember that their number one priority is the safety of their patients and not to become complacent and allow needless and avoidable injury or death occur.

We recently settled a case involving nursing neglect for $1.4 Million dollars. The patient was a known aspiration risk, yet the nurses chose to not follow protocol to reduce or prevent aspiration related injury; therefore, due to their choice not to follow procedure, our client aspirated and suffered brain damage. Even more appalling, during patient transfer between diagnostic study and his hospital room, he was left in a storage area for over an hour and was found by his daughter while in severe respiratory distress.

The nurses were incompetent in that they: (1) did not timely diagnose and respond to risk factors known to Increase the likelihood of patient aspiration; (2) did not have procedure for keeping patients located; (3) did not transfer patient to ICU when required; (4) did not properly diagnose and respond to respiratory distress of patient (aspiration); (5) staff failed to consistently follow their aspiration prevention protocol. In addition there was evidence of medical record alteration and attempts to retroactively go back and alter the records to reflect proper procedure was followed.

Illinois medical malpractice lawyer Ben Sansone is an experienced trial lawyer who routinely handles cases from simple car crashes to complex medical negligence cases. If you would like to discuss a potential case we are available for a free consultation to discuss your case. Call us at (314) 863-0500 or contact us online to arrange a free meeting.

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