McNabola & Associates Successfully Settle Two Medical Malpractice Claims

Our Chicago personal injury attorneys at McNabola & Associates, LLC have recently secured two settlements for our clients, both of whom were severely injured by negligent medical providers.

In the first case – Adelaida Delgado v. County of Cook (Case No. 16 L 7950) – our client went to Provident Hospital to have fibroid tumors removed from her uterus. It should have been a fairly straightforward procedure. However, anesthesiologist, Ralph Solomon, M.D., made a critical error during the procedure by injecting anesthetic directly into the spinal cord. As a result, our client sustained partial paralysis of the lower extremities.

We filed a complaint on our client’s behalf, utilizing a novel approach of alleging res ipsa loquitur, a legal theory that states the injury could not have occurred in the absence of negligence. The case resolved shortly after filing the lawsuit with our client a substantial confidential settlement.

In the second case – Ana Marie Del Rivero, Independent Administrator of the Estate of Eve Marie Del Rivero v. Presence Our Lady of the Resurrection Medical Center and Athanasios Diniotis, M.D. (Case No. 14 L 9387) – Eve Marie Del Rivero entered the emergency department at Presence Our Lady of the Resurrection Medical Center. She had complaints of severe abdominal pain and was at an increased risk of developing a bowel obstruction due to several factors known to the medical staff. A CT scan was performed and Ms. Del Rivero was diagnosed with a small bowel obstruction.

Following the diagnosis, the hospital claimed it contacted general surgeon Athanasios Diniotis, M.D., to perform an emergency consultation. However, Dr. Diniotis did not perform a timely consultation. As a result, 10 hours elapsed from the requested consultation until surgery and Eve passed away after the surgery concluded because of the delay.

Our complaint, which was filed on behalf of Eve Del Rivero’s estate as a wrongful death claim stemming from medical malpractice, alleged Dr. Diniotis was negligent in the delay of both examination and surgery following the small bowel obstruction diagnosis. We were able to secure a $3 million settlement for our client – $2 million from Presence Our Lady of the Resurrection Medical Center and $1 million collected Dr. Diniotis’ insurance carrier.

McNabola & Associates, LLC has a long-standing history of successful case results for our clients, especially in medical malpractice claims. If you require the assistance of a Chicago personal injury attorney you can rely on, contact our firm to schedule a no-cost, no-obligation case evaluation with our team.

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