Motherway & Napleton Blog

FAMILY TO RECEIVE $2,250,000 IN MALPRACTICE SETTLEMENT

Motherway & Napleton, LLP has won a $2.25 million settlement on behalf of a 40-year-old man who died of a heart attack hours after he allegedly was examined and released by a doctor.

On September 5, 2002 , a suburban Chicago man visited Dr. Cynthia Victor, whose Family Medical Center of LaGrange, Ltd. office was located in a building on the Adventist LaGrange Memorial Hospital campus.

The victim complained of recent incidents of chest pain, said his attorney, Robert J. Napleton.

Given the patient’s history of pain, coupled with tests performed by Victor that showed abnormalities, he should have been hospitalized, Napleton said.

Instead, Victor sent him home and ordered a stress test for September 7. About 12 hours after he left Victor’s office the patient was rushed to Adventist Hinsdale Hospital, where he died as the result of the lack of blood to the heart, Napleton said.

Trial was scheduled to begin February 24th before Cook County Judge Thomas L. Hogan, who approved the settlement.

Dr. Victor contributed $2 million to the settlement. Adventist LaGrange Memorial Hospital contributed $225,000. Dr. Victor was not a hospital employee, but Napleton argued that, given the name and location of her practice, the patient could reasonably have assumed she was affiliated with the hospital.

Court No. 02 L 15591.