Family of Rabbi Funeral Director Settles Medical Malpractice Death Case

The widow of a rabbi funeral director has settled a medical malpractice wrongful death lawsuit filed in the Circuit Court of Cook County against an anesthesiologist and a hospital for $5,000,000. The plaintiff, age 28, had elective surgery to realign his jaw to eliminate pain associated with chewing at St. Joseph Hospital in Chicago on May 2, 2000.

The surgery, performed under a general anesthesia, required both the upper and lower jaw to be cut, moved, and secured by wires which closed the mouth. After surgery was completed without complication, the plaintiff was sent to the recovery room with a nasal tube inserted to keep his airway open. As he regained consciousness, he coughed and moved his head, dislodging the tube. He became agitated and cyanotic resulting in a respiratory arrest.

Susan J. Schwartz of Corboy & Demetrio represented the family. Schwartz said:

Wire cutters were ordered to be present at bedside at all times. A reasonably well qualified nurse or anesthesiologist should be able to quickly cut through the fixation wires in an emergency. When the patient arrested, no wire cutters were present. When obtained, the wires were not cut until the surgeon was paged to come to the recovery room after the code was called. The anesthesiologist and recovery room nurse failed to maintain an open airway.

The plaintiff is survived by his wife and two children. The plaintiff was the first rabbi to become a funeral director in Illinois. He served at Weinstein Family Services in Chicago and Wilmette. He also assisted his father at Agudas Achim North Shore Congregation of Uptown.