Wrongful Death Worth $2.6 Million

Carbondale, ILA wrongful death jury award can never bring a loved one back, and a personal injury law victory does not fill the void left when a wife and mother is suddenly taken away through the negligence of others. And duly placing a file folder down on someone's desk may seem like a routine task, but in this case that simple act cost someone her life and $2.6 million in compensation.

While any medical condition can be complex in nature, the case that pitted the family of a deceased woman against Memorial Hospital of Carbondale, Illinois hinged on a questionable hospital protocol that is alleged to have only required a nurse to place a lab report into a folder, and place it on a doctor's desk without verbally informing the doctor-or any doctor, for that matter—that the contents of the file were key to the survivability of a serious infection.

According to the findings of a medical malpractice and wrongful death lawsuit brought against Memorial Hospital of Carbondale, the plaintiffs were in southern Illinois visiting their son and his family for Mother's Day in May 2004 when the 60-year-old woman became ill with a fever. After an examination at the hospital's emergency department on the Saturday evening, blood samples were sent to a laboratory for testing.

According to the summary of the ensuing trial, the laboratory informed the emergency room charge nurse at Memorial Hospital of Carbondale that the blood cultures tested positive for bacteria, suggesting the presence of a serious infection.

However, rather than immediately informing the emergency room doctor of the findings, the report was placed in a folder and—according to Memorial Hospital protocol and procedure—placed on the doctor's desk…

…Where it stayed for 12 hours. The reason(s) why the doctor didn't get to his desk that day were not identified. However, during the 12-hour interval the visiting couple returned to their home base of Chicago, where they promptly reported to the emergency room after the stricken woman continued to complain of feeling unwell.

It is here that a diagnosis of e Coli was established, and a treatment program was put into place. However, given the age of the patient and complications arising from diabetes the patient did not respond well to treatment, and despite efforts that were described as 'heroic' the stricken woman died the following morning, the Monday after Mother's Day.

The family sued, arguing that had an emergency room doctor been told verbally about the positive bacteria report, rather than simply placing the report on his desk, the plaintiff would have survived. It was determined that the results came back to the lab on the Sunday morning prior to the plaintiff's return to Chicago. Had the results been properly verbalized, there would have been time to summon the victim back to hospital for immediate treatment.

As it was, the couple departed at 10:30am on Mother's Day for the drive back to Chicago, during which time the lethal bacteria was allowed to continue to rampage through the woman's body. By the time the diagnosis was made in Chicago and medical treatment started, it was too late.

At trial in the Circuit Court of Cook County Illinois, the jury found for the plaintiff and agreed with the plaintiff's position that Memorial Hospital of Carbondale maintained a deficient policy because it did not require nurses to immediately inform a doctor with regard to a positive blood culture report. Had the policy instead required that such reports be communicated immediately to a higher authority—rather than just dropped onto a desk—the expectation was that the woman would have survived.

Following a weeklong trial, the jury awarded the stricken family the sum of $2,600,000.

While health care is an oft-debated topic in this country, Americans trust the wisdom and expertise of those in the medical community to adequately respond to crisis involving health. Procedures and protocols should leave no room for error—especially when dealing with something as potentially devastating as a serious bacterial infection.

If you, or a loved one has been compromised in such a way, seek the advice of a personal injury law attorney. A wrongful death action will not bring a loved one back, but it will make those responsible pay for their oversights.