Chicago Medical Malpractice Lawyer Blog

Patients are increasingly turning to Ambulatory Surgical Centers (or ASCs) for surgical procedures performed outside of the traditional hospital setting. There are several benefits to ASCs. They are generally less expensive than hospital surgery's, permit patients to go home the same day of surgery, and are often more luxurious than hospital. Today, 65% of all surgeries are now outpatient making ASCs a popular alternative to hospital surgeries. However, ASCs do have some drawbacks. One significant shortcoming to ASC is their ability to manage serious anesthesia errors and complications which are generally more dangerous outside of a hospital.

With virtually all same-day surgery procedures, the most significant risk is from the anesthesia. Although there are many forms of anesthesia, general anesthesia poses the greatest risk of serious injury or wrongful death. Indeed, most medical malpractice lawsuits stemming from anesthesia error involve general anesthesia. Common general anesthesia complications are from aspiration, changes in vital signs, and adverse reactions to anesthetic.

Regarding adverse anesthetic reactions, the most significant and potentially fatal condition that can develop is called malignant hyperthermia (or MH). This occurs when a patient's body temperature rapidly increases and causes muscle rigidity. With proper management, many patients will experience a full recovery. Without proper management, patients can and do die from MH.

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On March 28, 2011, seventeen-year old Jennifer Olenick went in for a routine wisdom tooth extraction. During the procedure while under anesthesia, she began experiencing bradycardia in which her heart rate began to slow. Jennifer's oral surgeon and anesthesiologist allegedly failed to correct the problem and her condition worsened. Jennifer then went into cardiac arrest and later died from complications related to an apparent anesthesia error. Jennifer's family has now filed a civil medical malpractice and wrongful death lawsuit against the anesthesiologist and oral surgeon involved in the wisdom tooth extraction.

The medical malpractice suite alleges doctors failed to properly monitor the teen while under anesthesia and failed to properly resuscitate her after her heart rate dropped to 40 beats per minute. The lawsuit further alleges that as a result of the doctors' medical negligence, Jennifer suffered irreversible brain damage. The irreversible brain damage ultimately led to Jennifer's death ten days later. According to the Chief Medical Examiner, the central cause of Jennifer's death was hypoxia (or oxygen deprivation) that occurred while under anesthesia.

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After nine hours of deliberation, the jury in the involuntary manslaughter trial against Michael Jackson's doctor reached their verdict. Dr. Conrad Murray was found guilty of gross medical negligence in Jackson's death. As a Chicago medical malpractice lawyer, I was very pleased to see the jury, in my opinion, reached the right verdict.

After six weeks of dramatic testimony, which included overt displays of emotion by Dr. Murray, the doctor showed no emotion as the California jury returned its verdict. Dr. Murray faces up to four years in jail. The judge, in an unusual move, refused to set a bail for Dr. Murray feeling the doctor was a potential flight risk and the risk to others. Instead, Dr. Murray was place in hand cuffs and led out of the courtroom.

Early on in the trial, it was apparent the main issue in the case was whether Dr. Murray caused Jackson's death. After all, there was no credible testimony offered by any expert that would justify Dr. Murray's use of propofol, an anesthesia type drug, in a home setting to help Jackson sleep. The fact Dr. Murray was paid $150,000 a month to give Jackson the drug did not help matters. Dr. Murray's defense team instead focused on blaming Jackson and others for Jackson's death.

Continue reading "Jackson's Doctor Found Guilty Of Involuntary Manslaughter" »

It always seemed unlikely Dr. Conrad Murray would ever testify in his own defense. A cross examination of Dr. Murray would be blistering, as he was paid $150,000 a month by Jackson to give Jackson a dangerous surgically anesthetic to help the pop star sleep. On Tuesday, Dr. Murray made it official. He told the judge in his criminal trial he will not take the stand. Dr. Murray is accused of criminal medical negligence in connection with Michael Jackson's death, though the official charge is involuntary manslaughter. The prosecution and defense had a day off on Wednesday to prepare for closing arguments scheduled for Thursday. After closing arguments, the Judge will instruct the jury on the law. The case is then turned over to the jury to deliberate whether Dr. Murray should be found guilty or innocent. As a Chicago medical malpractice lawyer, I am eager to see how each side will present their closing arguments and, most importantly, how the jury will decide this fascinating case.

As with a civil medical malpractice case, the prosecution must generally prove Dr. Murray was negligent (albeit criminally) and that his negligence was caused Jackson's death. Unlike a civil case, the prosecution must prove their case beyond a reasonable doubt rather than a preponderance of the evidence. The defense does not have to prove anything. They need only demonstrate reasonable doubt on whether Dr. Murray was negligent or whether he caused Jackson's death. As predicted, the primary battle is over whether Dr. Murray caused Jackson's death. After all, none of Dr. Murray's experts seemed to offer credible testimony that it was within the standard of care for Dr. Murray to give Jackson propofol, an anesthesia drug, to help him sleep in his home. Dr. Murray's central defense is that Jackson caused his own death when he allegedly gave himself propofol while Dr. Murray briefly left the room for a bathroom break.

Causation is the relationship between conduct and result. In nearly all cases, causation requires a two-part part analysis. First, was the defendant's conduct the "factual cause" of harm? In other words, but for the defendant's conduct, would the harm have still occurred. If so, the second questions is whether the defendant's conduct was the "legal cause" of the harm? Legal causation generally turns on whether it was "reasonably foreseeable" that the defendant's conduct could cause the harm.

Continue reading "Jackson's Doctor Declines To Testify: Closing Arguments Next" »

Dr. Murray's defense team continues to deny he is responsible for Michael Jackson's defense, claiming Jackson gave himself the fatal dose of propofol. The latest evidence offered by the defense at trial came from two witnesses. Jackson's former nutritionist (and nurse) testified Jackson often discussed his need for propofol to sleep. Jackson's former concert promoter testified about the demands of Jackson's upcoming tour. As a Chicago medical malpractice lawyer, I continue to be fascinated by how this case is being tried.

Dr. Murray is on trial in California charged with involuntary manslaughter for the death of pop singer Michael Jackson in 2009. The prosecution claims Dr. Murray recklessly provided the anesthetic propofol for sleep, which ultimately resulted in Jackson's death. The defense denies Dr. Murray acted recklessly and, in either event, denies Dr. Murray's actions resulted in Jackson's death. If convicted, Dr. Murray faces up to four years in prison.

Although Dr. Murray claims Jackson killed himself by giving himself propofol while Dr. Murray temporarily left Jackson's room, the defense does not seem to have any direct evidence of this claim. Instead, the defense is relying on circumstantial evidence. The defense hopes the jury will piece together various evidence to create reasonable doubt on whether Jackson gave himself the fatal dose of propofol. However, this theory is problematic. If the jury concludes it does not matter whether Jackson gave himself propofol because, ultimately, Dr. Murray should have never brought propofol into Jackson's home, then Dr. Murray could still be found guilty. Consistent with this theory, prosecution experts earlier testified they still believe Dr. Murray is responsible for Jackson's death regardless of whether Jackson gave himself the fatal dose. They reason it was extreme medical malpractice to give propofol in a home for sleep purposes.

Continue reading "Will Defense Claim Jackson Gave Himself Propofol Work?" »

From the beginning of this trial, the defense has been claiming Michael Jackson caused his own death when he gave himself propofol. Thus, the defense has argued that Dr. Conrad Murray is not guilty because he did not cause Jackson's death--Jackson did. Last week, Dr. Murray's defense team officially dropped the defense Jackson "swallowed" propofol himself. As a Chicago medical malpractice lawyer, I am amazed the defense ever made such an allegation because, even if true, swallowing propofol would almost certainly not cause death.

Dr. Murray's defense team gave up on Jackson swallowing propofol after medical studies showed propofol has no major effects on a person when swallowed. This is, no doubt, a major set back for the defense. That said, the defense's mistake is not necessarily fatal. After all, Dr. Murray can still make the general claim Jackson gave himself propofol when Dr. Murray left the room for two minutes. They just can no longer argue Jackson swallowed propofol. Instead, they will likely argue Jackson injected himself with propofol. No doubt, a self-injection of propofol, depending upon the circumstances, could result in death.

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