On April 5, 2004, the plaintiff’s wife, a nurse, went to Advocate Lutheran General Hospital with symptoms ranging from weakness, hearing loss, and loss of balance. Dr. Alan Kumar of Advocate Lutheran General Hospital treated the victim in the ER. The plaintiff, the victim’s husband, claimed in Richard R. Sperl Jr., etc. v. Advocate Health and Hospitals Corp., et al., No 09 L 012104, that Dr. Kumar improperly diagnosed her with a migraine headache, when he should have realized that she suffered a transient ischemic attack (precursor to a stroke). Five days later the victim returned to the emergency room with very similar complaints. She stated she had imbalance, dizziness, weakness in her left arm and facial droop. She was immediately admitted into the hospital where she suffered a severe stroke and died on April 15, 2004.
The plaintiff’s complaint alleged that the defendants were negligent in the treatment of his wife. Mainly, that they failed to properly evaluate her despite signs of a potentially life-threatening neurological condition. Also, the defendants did not suggest that she undergo a neurological evaluation. Plaintiff’s counsel argued that if Dr. Kumar had properly referred the victim to a neurologist, her cardiomyopathy would have been discovered. Cardiomyopathy is a serious condition involving an enlarged and seriously damaged heart. Cardiomyopathy is difficult to diagnose and has resulted in the deaths of even young, otherwise healthy athletes. There are often no symptoms or signs prior to the individual suffering a massive stroke.
Because of the inexactness of diagnosing cardiomyopathy, and the likelihood that even if the cardiomyopathy had been diagnosed, the victim’s life expectancy would have been diminished, the parties settled the matter for $3 million. Lutheran General Hospital paid $250,000 and Dr. Kumar paid $2.75 million toward the settlement.
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