Richard L. Murphy
Reported Decisions, Verdicts and Judgments
Gastroenterologists Not Liable For Death Due To Mesenteric Ischemia
Mayers v. Spiess, 05 L 410
Cook County Judge John Grogan
Tried September 25 - October 11, 2007
58-year-old Joan Mayers was admitted to Good Shepherd Hospital on December 20, 1998 with severe abdominal pain and died three days later. An autopsy revealed the cause of death to be a thrombotic occlusion of the superior mesenteric artery, leading to bowel necrosis, gangrene, bowel perforation and sepsis. The post-mortem also showed a 50% occlusion of the superior mesenteric artery by atheromatous plaque. The estate brought an action against three gastroenterology partners. One of the Defendants had been treating the patient for four years and had made a diagnosis of irritable bowel syndrome. Plaintiff asserted that the patient had been suffering from chronic mesenteric ischemia throughout this time and that the defendants were negligent in failing to make the correct diagnosis and in failing to order an angiogram, especially since another of the defendants had included mesenteric ischemia in her differential diagnosis three weeks before the death. The defense argued that the diagnosis of irritable bowel was correct; that the fatal thrombus formed acutely or was a thromboembolus; that an angiogram was not indicated; and that an earlier angiogram would not have revealed the presence of the yet to form thrombus. The jury returned a verdict in favor of all three defendants.
On-Call General Surgeon Not Liable In Case Of Patient Who Bled To Death In An Emergency Room
James v. Loretto Hospital, 02 L 10830
Cook County Judge James P. Flannery, Jr.
Tried January 10 - January 25, 2007
A 56-year-old patient was brought to an emergency room bleeding from the floor of his mouth. The hospital had no ENT surgeon on call or on staff. After finding that she could not control the bleeding, the co-defendant emergency room physician attempted to have the patient transferred to another hospital for treatment by a head and neck surgeon. The ER physician also called Mr. Murphy's client, a general surgeon on call to the emergency room that day. The general surgeon did not come in when first called. He had never operated intraorally, although he had some head and neck surgical privileges. Plaintiff suggested that ligation of the external carotid artery would have stopped bleeding from the lingual artery. An hour later, the bleeding became more profuse and the patient became unresponsive. Although the general surgeon came to Loretto upon being recalled, he was unable to arrive until the patient was being pronounced. A directed verdict was granted in favor of the general surgeon at the close of plaintiff’s case for the reason that no duty existed because no physician-patient relationship had been established, the general surgeon not having seen the patient and not having made any orders.
ENT Surgeon Not Responsible For Death Of Patient Who Exsanguinated After Neck Surgery
Obradovic v. Wiesman, 01L14367
Cook County Judge Thomas Flanagan
Tried August 8 - August 17, 2005
Mr. Murphy's client performed an intraoral biopsy of a large mass on the tonsillar fossa at Thorek Hospital. Hours after discharge from the same day surgery clinic, the patient was readmitted to the hospital with an inability to urinate. The family physician did not inform the surgeon of the readmission until the following morning, when the patient had difficulty breathing. Shortly thereafter, and before the surgeon could arrive, the patient suddenly exsanguinated, witnesses describing the bleeding as similar to the stream from a fire hose. Plaintiff asserted that Mr. Murphy's client had either nicked the wall of the carotid artery or disrupted necrotic tissue around the artery during the biopsy. It was further alleged that the biopsy should have been done through the neck instead of the mouth so that the artery could have been visualized and better protected. The defense argued that the biopsy was performed in a careful, standard way and that the arterial wall must have been eroded by cancer. The jury returned a verdict for both defendants in one hour.
General Surgeon Not Liable For Evisceration or For Subsequent Retained Laporotomy Sponge
Willaby v. Westlake Community Hospital, 99L6968
Cook County Judge John Morrissey
Tried November 6 - December 3, 2003
Fourteen days after an hysterectomy performed by the co-defendant OB-GYN while being observed for a possible bowel obstruction, the patient eviscerated. At the conclusion of the surgery by Mr. Murphy's client to repair the evisceration, a lap sponge was retained. Five months later it was discovered on a CT scan and removed. Plaintiff claimed that both surgeons negligently failed to diagnose an impending evisceration and that the surgical nurse and the client were at fault for the retained lap sponge. Plaintiff claimed that two additional surgeries were made necessary due to injuries sustained as the result of the earlier surgical mishap. Mr. Murphy argued that the evisceration was not predictable, that his client was careful in the conduct of his surgery, and that his client had a right to rely on the nurses report of a correct sponge count, while suggesting a benign explanation for the correct sponge count. Largely due to the cooperation of the defense counsel, the jury returned a verdict in favor of all defendants.
Orthopedic Surgeon Cleared Of Fault In Case Of Osteomyelitis Following Internal Fixation Of Ankle Fracture
Apke v. Rubinstein, 96 L 8856
Cook County Judge Richard Elrod
Tried October 9-18, 2002
After coming under the defendant's care, the plaintiff, who had earlier been treated with an open reduction and internal fixation of an ankle fracture by another surgeon, developed infection at the fracture site. Plaintiff argued that the defendant, an orthopedic surgeon, was negligent in failing to remove the plates and screws which had been placed in the ankle. Mr. Murphy successfully argued that the hardware was providing good fixation for the healing fracture and that it was appropriate to leave it in, while antibiotics were given, until the ankle was sufficiently healed. The later non-union and reoperations were said by the defense to be unfortunate, but not related to any malpractice. The jury returned a verdict for the defense.
General Surgeon Not Liable For Death of Patient Following Bowel Resection
Vittetoe v. Petersen, 93 L 13406
Cook County Judge Sharon Johnson Coleman
Tried July 31, 2002 - August 9, 2002
After removing a section of bowel which had become gangrenous, the defendant, a general surgeon, reduced a hiatal hernia and observed a laceration in the patient's esophagus. Plaintiff claimed that the defendant was negligent in attempting a repair of the esophagus by way of a thoracotomy. The patient died of sepsis which plaintiff claimed was promoted by exposing the chest cavity to the abdominal infection. The jury returned a verdict in favor of the surgeon, agreeing with the defense arguments that the surgeon's judgment was within the standard of care and that the patient's death was caused by the numerous conditions of ill being that she had on arrival at the hospital.
General Surgeon Not Responsible For Death Due To Necrotizing Fasciitis
Starr v. North Suburban Clinic et al., 92 L 14730
Cook County Judge William Maddux
Tried May 22 - June 6, 1997
The patient suffered from a necrotizing infection of the left leg and died of multisystem organ failure secondary to sepsis after one month of treatment. He was given antibiotics prescribed by infectious disease physicians. Mr. Murphy's client, a general surgeon, performed multiple debridements of the affected area. Plaintiff contended that sepsis occurred, in part, because of the surgeon's failure to perform sufficient and timely debridement. The jury returned a verdict in favor of the surgeon. The codefendant infectious disease service was found liable.
In-Law Sued After Alleged Failure To Diagnose an Abdominal Aortic Aneurysm Resulting In Death
Zucker v. St. Francis Hospital et al., 93 L 872
Cook County Judge Irwin Solganick
Tried April 16 - May 9, 1997
The patient phoned the client, an in-law and family practice physician, complaining of back pain. He claimed that he was previously treated by another physician for the same back pain with a specific pain medication, which our client then prescribed over the telephone. Two weeks later, the patient was admitted to the emergency room and died of a ruptured abdominal aortic aneurysm. Plaintiff claimed that the standard of care required that, upon speaking with her husband on the telephone, the client should have required a physical exam. Mr. Murphy argued that the standard of care did not require further investigation of the plaintiff's complaint, and the jury returned a verdict in favor of the defendant.
ENT Surgeon Did Not Breach Contract For "Perfect Nose"
Norabuena v. Wiesman, 92 L 12881
Cook County Judge Ronald C. Riley
Tried September 18-27, 1996
The plaintiff alleged negligence and breach of contract in the performance by the E.N.T. surgeon of a rhinoplasty-septoplasty and the failure to provide the promised "perfect nose." The defendant denied negligence and denied that any contract existed, asserting lack of consideration. The court directed a verdict on the breach of contract count in favor of Mr. Murphy's client at the close of all evidence, and the jury returned a verdict in favor of the doctor on the malpractice count.
Surgeon Not Liable For Stroke Due To Thrombus Following Carotid Endarterectomy
Sokolowski v. Flaherty, 92 L 12881
Cook County Judge Michael J. Gallagher
Tried June 21 - July 1, 1996
Plaintiff claimed that our client, a general surgeon, should have immediately removed a postoperative thrombotic occlusion of the carotid artery. The occlusion was discovered several hours after a left carotid endarterectomy performed by the client. Mrs. Sokolowski was given supportive care but developed hemiparesis and expressive aphasia. Mr. Murphy argued that reoperation posed a greater risk to the patient than supportive care, and the jury returned a verdict in favor of the defendant.
Radiologist Cleared Of Fault In Alleged Failure to Report Abnormal Fetal Ultrasound Findings
Garvey v. Birnholz, 88 L 23863
Cook County Judge Stephen A. Schiller
Tried September 17-22, 1993
Plaintiff claimed that our client, a radiologist, did not promptly report an accumulation of fluid in the lungs that was visible during a fetal ultrasound. This allegedly led to the death of the child two hours after birth. Mr. Murphy claimed that a written report of the findings was submitted to the obstetrician, although he did not receive it until after the plaintiff was born. The defendant also claimed that he had telephoned the results of the ultrasound, but that he must have been mistakenly speaking with one of the OB's colleagues, who made no record of this telephone call on the patient's chart. The jury returned a verdict in favor of the defendant.
Cardiovascular Surgeons Found Not Responsible For One-Year Hospital Stay Following Open-Heart Surgery
Jackson v. Naffah et al., 85 L 15686
Cook County Judge James J. Heyda
Tried October 3-15, 1991
After surgery to repair an aortic aneurysm, Plaintiff claimed that the cardiovascular surgeons were negligent in treatment of a mediastinal infection, resulting in a one-year hospital stay. Mr. Murphy asserted that the doctors complied with all standards of care and that they, in fact, saved the plaintiff's life twice. They jury found in favor of the defense and the plaintiff appealed. The Illinois Appellate Court affirmed the judgment in favor of the defendant.
241 Ill.App.3d 1043, 609 N.E.2d 958.
OB-GYN Cleared Of Fault After Mother Of Four Dies During Tubal Ligation
Brown v. Bozorgi, 87 L 15412
Cook County Judge Daniel J. White
Tried October 10-19, 1990
The patient, a thirty-five-year-old mother of four, died during an elective tubal ligation procedure performed by our client, an obstetrician-gynecologist. Plaintiff claimed that the defendant should have recognized a deterioration earlier and resuscitated the patient once the problem was noted. The defense proved that monitoring the patients' vitals was the responsibility of the anesthesiologist and that it was too late to revive her when the surgeon learned of the problem. The jury returned a verdict in favor of Mr. Murphy's client, from which the plaintiff appealed. The judgment was affirmed by the Illinois Appellate Court.
234 Ill.App.3d 972, 602 N.E.2d 958.
