Our Record of Success

DBMS Successfully Defends Chicago Area Hospital

Stetson Atwood and Jennifer Labus successfully defended a Chicago area hospital in a medical malpractice lawsuit involving allegations that negligent nursing care caused a patient’s death.

The plaintiff alleged that her husband suffered a fall at the hospital resulting in a left hip fracture. The fracture was surgically repaired but the patient experienced surgical complications requiring a partial hip replacement surgery months later. The patient again experienced surgical complications and underwent a total hip replacement surgery. Following the third surgery, the patient developed an infection to the left hip requiring additional treatment.

The plaintiff claimed that the hip fracture occurred because a nurse failed to properly monitor the patient, failed to act or intervene to prevent the patient from falling and failed to provide necessary fall prevention devices. The plaintiff further claimed the patient developed sepsis due to an infection from the surgical site resulting in the patient’s death.

The defense argued the nursing care was appropriate and there was nothing more the nurse could have done to reduce the patient’s fall risk. The defense further argued the patient’s death was not caused by sepsis due to the left hip infection. Instead, the patient’s sepsis was caused by parotitis, an infection in the jaw, which resolved weeks before the patient’s death.

The plaintiff asked for $5,600,000 in damages. The jury returned a verdict for the defense.