1

Malpractice and Negligence

Student’s Name

School

Course

Instructor

Date
 2

All facets of human existence are not ideal on the globe. Humans are capable of making

mistakes that can harm themselves or others. Mistakes still happen, despite all the steps taken to

avoid them in many aspects of human life, such as business and health care, and despite the

continual rewriting of laws and regulations aimed at strengthening the safety of both employees

and customers. Doctors are frequently accused of committing malpractice or medical negligence,

which is among one of the most severe violations of ethical and professional standards in the

healthcare industry. Codes of ethics and rules control the interactions between patients and

healthcare providers in the healthcare sector. When it comes to their health and well-being,

patients and doctors benefit from the guidance provided by ethical and legal standards of

behavior and behavior in the courtrooms. When a healthcare provider's acts or inactions fail to

meet the standard of care, it is deemed medical malpractice. Compensation is available to

patients who have been harmed by medical misconduct. An injured patient can file a lawsuit

against a negligent doctor or another healthcare practitioner if they demonstrate many legal

factors that add to malpractice. Surgical mistakes or unnecessary surgery, prescribing the wrong

prescription, failing to adequately evaluate the patient's medical history are examples of medical

malpractice that could lead to a lawsuit. This research aims to explore medical malpractice

litigation filed in Illinois's Downstate region.

What was the ethical issue?

A jury in Illinois' Vermilion County determined on November 12, 2021, that Presence

Hospitals, PRV, the former operator of Presence United Samaritans Medical Center in Danville,

had committed medical malpractice (Nolan Law Group, 2021). Lawsuits were filed on behalf of

L.B., an individual with a disability, by the CIBC Bank USA. Attorneys Donald J. Nolan,

Thomas P. Routh, and Timothy I. McArdle of Nolan Law Group in Chicago handled the case on
 3

behalf of the plaintiff (Nolan Law Group, 2021)f. According to the suit, Presence United

Samaritans Medical Center and its representatives were accused of negligence in L.B.'s treatment

on April 22, 2014, when she was admitted to the hospital. OB-GYN Mohannad Rajjoub

conducted a cesarean surgery on pregnant L.B. at the time(Nolan Law Group, 2021).

Who does this affect, and how?

Due to a disease known as placenta accreta, the placenta is permanently connected to the

uterine wall; Dr. Rajjoub attempted to remove L.B.'s placenta after her twins were born(Nolan

Law Group, 2021). As a result, the plaintiff provided evidence that the placenta had been ripped

and that L.B. had experienced substantial hemorrhaging, resulting in hypoxic brain injury and

seizure-like behavior. Also implicated in the plaintiff's injuries is Dr. Damon Green, an

anesthesiologist(Nolan Law Group, 2021). When L.B. had a substantial blood loss, the plaintiff's

evidence shows that he was not adequately resuscitated. This, in turn, contributed to his hypoxia.

It took more than 30 minutes before the first transfusion could begin since there was no blood

available for it(Nolan Law Group, 2021).

Why was this particular decision made?

According to the plaintiff's medical professional in rehabilitation, who attested during

L.B.'s deposition, she has unremitting a catastrophic and disperse brain damage with global

ramifications, and that she has an estimated I.Q. of less than 34(Nolan Law Group, 2021). When

it comes to basic needs, L.B. is utterly dependent on her caregivers and will need to be cared for

in this capacity her whole life. Hospital officials deny that Presence Hospitals hired Dr. Rajjoub

and Green. Also, during the trial, the defense said the baby's health was not stable enough to be

transferred to another hospital, necessitating an emergency c-section. Both the medical

practitioners and the facility followed acknowledged standards of care (Nolan Law Group,
 4

2021). Among the damages given to the plaintiff were $3 million for the plaintiff's loss of

enjoyment of life, pain and torment, $7.4 million for potential medical and care giving costs, and

$1.356,744.03 for past medical costs(Nolan Law Group, 2021).

What were some alternatives to the decision?

Patients who a doctor's negligence has harmed in Illinois can file a lawsuit against that

doctor under the state's medical malpractice statute. Jurors agreed, awarding the plaintiff

$14,756,744.03 in damages, including $3 million for the plaintiff's loss of everyday life, $7.4

million for upcoming medicinal and caretaking operating expense, and $1,356,744.03 for the

plaintiff's past medical operating cost (Nolan Law Group, 2021). Before reaching a decision, the

jury is likely to consider whether the defendants deviated from standard treatment in any way

that caused harm to the patient. Before filing a claim in Illinois, a plaintiff is required by law to

seek the advice of a licensed physician or other licensed health care provider. It's a bad idea if

you're violating the statute of limitations by doing so (FindLaw's team, 2016).

The jury would not find L.B. guilty if she failed to present evidence from a qualified

medical practitioner. There is a two-year statute of limitations for medical malpractice lawsuits

in Illinois, which must be filed within that period (FindLaw's team, 2016). For victims of

medical malpractice who were unaware of their injuries for longer than four years, the statute of

limitations for bringing a claim is four years. When the victim is a minor, the statute of

limitations for filing a claim is longer. The court only evaluates whether the claim was submitted

within the required time frame in the plaintiff's case, although many other elements may come

into play (FindLaw's team, 2016). Their age, the defendant's dishonesty, or a medical condition

preventing them from filing a claim in time could affect their eligibility. If L.B. had not met

these standards, her case would have been unsuccessful.

 5

References

Nolan Law Group (Nov 12, 2021, 23:16 ET). Jury Awards $14.75 Million in Downstate

Illinois Medical Malpractice Lawsuit. Retrieved from https://www.prnewswire.com/news-

releases/jury-awards-14-75-million-in-downstate-illinois-medical-malpractice-lawsuit-

301423483.html

FindLaw's team, (2016). Illinois Medical Malpractice: Statute of Limitations. Retrieved

from https://www.findlaw.com/state/illinois-law/illinois-medical-malpractice-statute-of-

limitations.html