No One is Immune From Negligent Medical Care

Online, January 22, 2015 (Newswire.com) - Regardless of the medical procedure being undergone, the public trusts their physician will proceed with great care and with a high degree of attention to detail. Recently, a case has come to light wherein a physician, Dr. Patel, negligently removed the healthy kidney of a patient instead of a portion of the spleen for pathological examination.

The incident occurred in 2005 when Dr. Patel working at Associated Surgical Group removed the kidney. He noted at the time that he had removed a "kidney shaped spleen" from the patient, but it was not until pathology examined the tissue that it was discovered he had removed the wrong organ.

Dr. Patel has recently been fined $2,500 for the mistake. Previously, the patient and Associated Surgical Group (ASG) settled for $2 million dollars in February 2013. However, no further action was taken as the patient did not file a medical malpractice complaint with the Illinois Department of Financial and Professional Regulation when the case was first brought before the civil court.

Commenting on this, Illinois medical malpractice lawyer Bogdan Martinovich said, "It's a glaring mistake and the plaintiff should have filed a complaint immediately. While I can understand the patient not knowing that the civil courts do not report claims of medical malpractice to the state, the attorney in the case most certainly did and unless there was a compelling reason not to should have done so. "

As a result of the plaintiff's attorney not filing the medical malpractice charge with the state, Dr. Patel has been operating with a clean record for nearly 10 years. With no record in the database, patients could not complete their due diligence before undergoing medical procedures with the physician, or with other doctors affiliated with the ASG.

Martinovich said, "It's always possible this is an isolated incident. It's equally possible that it fits within a pattern of negligent care. The state maintains an easily accessible database to assist patients, and if needed, their attorney, determine which is most likely  the case. By not filing the complaint with the state many may have been unnecessarily exposed to grievous harm."  

About Bogdan Martinovich

An Illinois medical malpractice lawyer since 1974, "Bogie" has earned an AV rating from the Martindale-Hubbell American Law Directory. His knowledge and experience in malpractice law makes him a preeminent practitioner in malpractice cases throughout the country.