Hoffman Estates Stroke Victim Awarded $40 Million in Medical Malpractice Suit

 Posted on October 31, 2024 in Medical Malpractice

Last March, a medical malpractice claim that dragged on for almost a decade finally settled in favor of a man who suffered a stroke. The attorneys for the 40-year-old man say his doctors failed to properly treat his symptoms and that the stroke could have been prevented. The former landscaper saw his doctor at Advocate Physician Partners after a spike in his blood pressure in 2015. Rather than ordering tests, an EKG, a simple blood test, or prescribing blood pressure medication, the doctor sent the man home after "diagnosing" him with the flu.

A few weeks later, the man suffered a stroke and now is largely disabled, requiring round-the-clock care, likely for the remainder of his life. The man suffers from aphasia, which affects a person’s ability to communicate. While the man and his family finally received a record-breaking $40 million for their medical malpractice claim, Advocate Physician Partners continues to maintain that the man was treated by a "non-employed physician" at his private office, not at their facility.

The man’s attorney asserts the man’s doctor was an independent contractor with Advocate and is still working in the medical field. If you or a loved one has suffered a stroke as a result of medical negligence, it is important to speak to an experienced Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC.

Can Being Diagnosed with High Blood Pressure Prevent a Stroke?

Strokes are a leading cause of death and long-term disability. The majority of those who had a first stroke also had high blood pressure, which can damage arteries throughout the body. High blood pressure is known as the "silent killer" and can create conditions that result in arteries clogging or bursting. When there are weak or blocked arteries in the brain, there is a much higher risk of stroke, which is why managing high blood pressure is crucial in reducing the likelihood of a stroke.

A stroke deprives the brain of blood and oxygen, threatening the patient’s ability to think, move, and function. A severe stroke can result in death or paralysis, while other strokes can affect a person’s vision, memory, language, and mobility. High blood pressure adds to the workload of the heart, damaging arteries and organs over time.  About 54 percent of all strokes are believed to be caused by high blood pressure. Being prescribed high blood pressure medication is a relatively easy way to lower blood pressure and the likelihood of a stroke.  

How is Medical Malpractice Determined?

Proving medical malpractice is a bit more difficult than proving "regular" negligence in a personal injury claim. While an injured patient must show that the medical professional owed him or her a duty of care, breached that duty by causing an injury, and that the injury resulted in damages (both economic and noneconomic), there is an added layer of proof required.

It must be shown that another medical professional who is similarly trained would have treated the patient differently when presented with the same set of circumstances. In other words, the medical professional must have deviated significantly from the path of treatment another medical professional would have likely reached.

What Damages Are Available for a Medical Malpractice Claim?

Most people are entitled to medical expenses, which are known as economic damages because there is a specific amount attached to them. Lost wages and future lost wages also fall under economic damages.

Non-economic damages are those that are less easy to quantify, like pain and suffering. Since physical and mental pain and trauma are subjective, they can be more difficult to prove but are equally important.

Contact a Chicago, IL Medical Malpractice Lawyer

Failure to diagnose and misdiagnoses are the most common reasons for medical malpractice lawsuits. When you choose a Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC, we will leverage the relationships we have built over the years with investigators and medical professionals to perform a thorough investigation into your injury. Call 312-236-6324 to schedule a free consultation.