$9 Million Settlement for Chicago Nurse's Aide Who Had Both Legs Amputated Due to Doctor's Negligence

A woman who had both legs amputated due to doctors' negligence has settled her case for $9 million. She was represented by medical malpractice attorney Susan J. Schwartz, a partner at the Chicago law firm of Corboy & Demetrio. After having surgery to repair her colon, the woman developed pain and swelling in her both her legs. She had developed blood clots post-operatively and they were not timely detected or treated. As a result of the doctor’s delay, amputation of both legs above the knee was medically necessary.

Medical Malpractice Claim

In late October, 1998, a nurse's aide had a bowel resection at Rush North Shore Medical Center in Skokie. On the night of November 8, the day before her scheduled discharge, she complained of sudden severe right foot pain. She was seen by Dr. William Wiley, an intern. He noted that the foot was viable, but he was concerned about deep vein thrombosis or arterial insufficiency. After consulting with his chief resident, Dr. Laurence Gibson, and telephoning Dr. Robert Rosen, who was on call for the attending surgeon, Dr. Phillip Rosett, an ultrasound was ordered for the following morning. She was seen on rounds in the morning by residents without an attending, still complaining of right foot pain after receipt of morphine. It was not until her internist saw her at 10:30 a.m. on November 9, and noted the absence of pulses in her right foot that a diagnosis of arterial insufficiency was made.

She was taken to surgery late in the afternoon by Dr. Phillip Rosett, after an arteriogram demonstrated bilateral common iliac artery occlusions. This procedure was unsuccessful, and she ultimately lost both of her legs.

Attorney Susan Schwartz

The nurse's aide was represented by Susan J. Schwartz, an experienced medical malpractice lawyer at the Chicago-based law firm of Corboy & Demetrio. Schwartz said:

The diagnosis of an acute arterial occlusion in the right leg was obvious and should have been made early in the morning of November 9. Before Dr. Wiley examined the patient for her acute complaints, she was walking, with normal pulses. With acute pain and a decreased pulse, she needed heparin, stat arterial ultrasound studies, and an immediate consult with a vascular surgeon.

Schwartz explained that the delay in making the diagnosis allowed the legs to become ischemic. The operating surgeon, Dr. Rosett, failed to obtain a vascular surgeon to operate on her did an inadequate thrombectomy, and inappropriately operated on the superficial femoral arteries instead of the common femoral arteries.

"If the diagnosis of acute arterial occlusion had been timely made, both legs would have been saved," Schwartz said.