February 2010

Q&H Obtains Not Guilty Verdict In Wrongful Death Medical Malpractice Case. $16 Million Jury Demand Averted.

Chicago shareholder Robert Huebsch and associate Patrick Wall obtained a not guilty verdict on February 1, 2010 in a medical negligence wrongful death trial brought against their client, a radiologist, as well as a gastroenterologist and a south side hospital.

The Plaintiff alleged the radiologist deviated from the standard of care when he failed to recognize a very rare disease known as Budd-Chiari on a CT exam taken when the decedent first presented to the defendant hospital. Plaintiff further alleged that the Defendant gastroenterologist failed to transfer the patient to a tertiary care center as would be the standard of care to deal with the Budd-Chiari. Plaintiff argued that, as a result of these alleged deviations, the decedent died approximately two weeks later from liver failure.

Bob and Pat argued the radiologist had limited involvement in this case and the decedent was seen by numerous physicians who correctly confirmed the diagnosis and treated the patient properly. As such, Bob and Pat argued the radiologist read the CT properly as a radiologist in the same or similar circumstances would have. In addition, Bob and Pat argued any deviation from the standard of care by the radiologist failed to proximately cause the death of the decedent, arguing that the cause of death at the University of Chicago was due to multi-organ failure as a result of a flawed TIPS procedure.

Plaintiff's counsel asked the jury for $16 million. However, the jury deliberated for less than two hours before returning a not guilty verdict in favor of the hospital and both doctors

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