Dear Sir Madame
This letter is regarding the complaint filed by your client, Sue Hazely, who is claiming that there was an incident of medical negligence that occurred in your hospital.
On April 3, 2009, Ms. Hazelys father, Mr. James Roy, was admitted to Inhumana Hospital due to reactions to chemotherapy treatment. Mr. Roy had a rare case of lung disease and was given five to ten years to live.
During his three-week stay in the said hospital, several things went wrong. A cardiologist, Dr. Helen Hale, failed to read Mr. Roys chart properly before administering treatment. Her treatment plan assumed that the patient was already incurring the final stages of the disease, and therefore did not follow protocol and failed to aggressively treat the symptoms.
Also, Mr. Roy was left alone in precarious positions which resulted to him falling three times in the duration of the stay. The last fall occurred in the middle of the night, while in double oxygen. The attendant not only failed to follow hospital protocols by leaving the patient in the bathroom alone, but also completely forgot about him. He was then found on the floor 45 minutes after, barely alive.
Mr. Roy was placed on a respirator and eventually regained consciousness. However, he was severely weakened by the fall, and died two days later.
With the said incident, I want Inhumana Hospital to produce a written and verbal explanation regarding the incident to the family and to the public. Second, no charges shall be asked from the family, instead full refund must be given and an additional sum of money must also be provided for the emotional and financial baggage that resulted because of the incident. Lastly, the hospital should also shoulder all the expenses for Mr. James Roys internment and burial. Failure to comply with the demands stated will be grounds for claims in court.
Should there be any correspondence you may reach me at 555-8997 on or before May 15, 2009.
Sincerely,
Atty. John Smith
CLIENT LETTER
29 April 2009
Dear Ms. Sue Hazely
First of all, Smith and Johnsons Law Office would like to express our sincerest condolences to your familys loss. The firm will do its best to provide you with all the necessary legal assistance that you will need.
Last April 28, 2009, you came into our office to seek legal assistance for the recent death of your father, Mr. James Roy. You stated that the cardiologist, Dr. Helen Hale, attending to your father administered the wrong procedure. Thus, neglecting to provide the necessary treatment Mr. Roy needed at that time. Another case was that of a certain hospital staff who left your father alone in the bathroom and completely forgot about him. Based on your statement, there has been an incident of Medical Malpractice on Inhumana Hospitals end, which resulted to the untimely passing away of Mr. Roy.
An issue was reported to the American Medical Association (AMA) on June 1986 which resulted to the derivation of Opinion 4.04. This section states that the primary obligation of the hospital medical staff is to safeguard the quality of care provided within the institution. The medical staff has the responsibility to perform essential functions on behalf of the hospital in accordance with licensing laws and accreditation requirements. Treatment or hospitalization that is willfully excessive or inadequate constitutes unethical practice (American Medical Association, 2008). Also, as per Opinion 8.12, it is a fundamental ethical requirement that a physician should at all times deal honestly and openly with patientssituations occasionally occur in which a patient suffers significant medical complications that may have resulted from the physicians mistake or judgment. In these situations, the physician is ethically required to inform the patient of all the facts in order to ensure understanding of what has occurred (2008).
Basing your situation on the American Medical Associations ethics code, there is a definite legal course that we can pursue against Inhumana Hospital. Aside from that, additional demands can also be asked from them. Should you wish to pursue on this action, please feel free to drop by the office again or contact me at 555-8997 so we could set up a meeting.
Sincerely,
Atty. John Smith
MEMORANDUM
TO Hospital Director, Inhumana Hospital
Dr. Helen Hale
FROM Smith Johnsons Law Office
DATE 30 April 2009
RE Sue Hazelys Medical Malpractice Complaint on James Roy against Inhumana
Hospital
Issue
Did Inhumana Hospital, through cardiologist Dr. Helen Hale and an attendant, committed negligence which resulted to the untimely death of Roy James
Answer
Yes. It was due to the subsequent events since Roy James was admitted to Inhumana Hospital that resulted to his early death.
Facts
On April 3, 2009, Ms. Hazelys father, Mr. James Roy, was admitted to Inhumana Hospital due to reactions to chemotherapy treatment. Mr. Roy had a rare case of lung disease and was given five to ten years to live.
During his three-week stay in the said hospital, several things went wrong. A cardiologist, Dr. Helen Hale, failed to read Mr. Roys chart properly before administering treatment. Her treatment plan assumed that the patient was already incurring the final stages of the disease, and therefore did not follow protocol and failed to aggressively treat the symptoms.
Also, Mr. Roy was left alone in precarious positions which resulted to him falling three times in the duration of the stay. The last fall occurred in the middle of the night, while in double oxygen. The attendant not only failed to follow hospital protocols by leaving the patient in the bathroom alone, but also completely forgot about him. He was then found on the floor 45 minutes after, barely alive.
Mr. Roy was placed on a respirator and eventually regained consciousness. However, he was severely weakened by the fall, and died two days later.
Discussion
A physician must recognize responsibility to patients first and foremost, as well as to society, to other health professionals, and to self. The following Principles adopted by the American Medical Association are not laws, but standards of conduct which define the essentials of honorable behavior for the physician.
I. A physician shall be dedicated to providing competent medical care, with compassion and respect for human dignity and rights.
II. A physician shall uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or competence, or engaging in fraud or deception, to appropriate entities.
Basing on medical ethics, the cardiologist and the staff violated their sworn duties as responsible health care givers. As stated on the American Ethics Code Principles I and II, they should be able to give due medical attention and do it in a professional manner. The way they handled the case of Mr. Roy was the exact opposite of that.
Conclusion
In light of all the facts gathered, Inhumana Hospital, through Dr. Helen Hale and a staff, committed a clear case of medical malpractice. The result of their treatment of Mr. James Roy was way out of what one expects in a health care facility. Specific laws that cover health care issues have long been existent and these will definitely be used against the hospital and Dr. Hale.
INTERVIEW QUESTIONS
Were you aware of the condition of Mr. James Roy when you brought him to the hospital
Was he aware of his illness
Why did you choose to bring him to Inhumana Hospital
Did you consult other doctors for second opinion
Were you aware of the procedures that Dr. Helen Hale planned on administering on your father
Did you sign a contract terms (or anything similar) that pertains to the condition of your father and the treatment that he was going to undergo
Have you had any other companions when you brought Mr. Roy to the hospital During treatments
How were you able to say that Dr. Hale was not able to treat your father properly
Where were you when the bathroom incident happened
Were you able to identify the staff who accompanied your father to the bathroom
Are you certain that it was the hospitals negligence alone that caused your dads death
Did the investigators run an autopsy on your dad
SUMMONS
UNITED STATES DISTRICT COURT
CIRCUIT COURT OF COOK COUNTY
LAW DIVISION
SUE HAZELY
Vs. Case No. CV 2010-01262010
INHUMANA HOSPITAL
South California Avenue ATTY. JOHN SMITH
Chicago, IL 60608 Smith Johnsons Law Offices
DR. HELEN HALE 3345 South Hamilton Avenue
Washington Street Chicago, IL 60612
Chicago, IL 60602
YOU ARE HEREBY SUMMONED to appear before the United States District Court at the place, date and time set forth below
Place Circuit Court of Cook County Room Justice Hall50 W. Washington Street, Suite 2005 Date Time May 15, 2009 9 amRichard J. Daley CenterChicago, IL 60602
Before Hon. William Maddux
To answer aan COMPLAINT
Charging you with a violation of the Health Care Law that falls under Medical Malpractice
Medical malpractice law traces its roots back to 19th Century English common law. The law that developed concerning medical malpractice is part of the more general body of law dealing with injuries to people or property, known as tort law. Medical malpractice cases are an example of one particular type of tort, the tort known as negligence. The concept of negligence is that people should be reasonably careful in what they do, and, if they are not, they should be held responsible for the injuries that can be reasonably foreseen as resulting from their negligent conduct (Kaiser Family Foundation, 2005).
An answer to the complaint which is herewith served upon you, within 3 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.
________________________________ _______________________
Clerk Date
_________________________________
(By) Deputy Clerk
COMPLAINT
Smith Johnsons Law Offices
3345 South Hamilton Avenue
Chicago, IL 60612
Sue Hazely )
Plaintiff ) Case No. CV 2010-01262010
Vs. )
Inhumana Hospital ) CIVIL COMPLAINT
Dr. Helen Hale )
Defendant )
STATEMENT OF THE CLAIM
Sue Hazely, plaintiff herein, by her attorney John Smith of Smith Johnsons Law Offices, hereby files this claim against the defendants Inhumana Hospital and Helen Hale and in support thereof states as follows
STATEMENT OF THE CLAIM
The Plaintiff is a resident of Chicago, Illinois.
The defendant, Inhumana Hospital, is a privately owned and ran hospital located in the city proper of Chicago and offers one of the best medical care services in town.
The defendant, Dr. Helen Hale, is a resident cardiologist of Inhumana Hospital and has been closely tied with the hospital since 1999.
The amount of this claim exceeds the jurisdiction limit of the District Court of Chicago and the appropriate venue for the transaction is within Chicago, Illinois alone as both parties maintain their living in Illinois.
The medical malpractice incident took place when James Roy, plaintiffs late father, was admitted in Inhumana Hospital and was medically treated by Helen Hale on the 3rd of April, 2009.
During Roys three-week admission in the hospital, he was not given the needed medical treatment and attention because of misinterpretation of Mr. Roys test results.
Instead of an early stage lung disease treatment that Mr. Roy needed, Dr. Hale administered a procedure that was meant for those who were already suffering the final stages of the disease.
Those two days prior to the victims death, he suffered a serious fall in the hospitals bathroom, where he was left alone by a staff despite his current medical condition.
The death of Mr. James Roy and the emotional damages sustained by the plaintiffs family were the direct and proximate cause of the negligent actions of Dr. Helen Hale and Inhumana Hospitals staff.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that this Court
Assume jurisdiction of this case
Award actual damages to be established at the trial in accordance with the law.
Award a statutory damage that is twice the amount of the financial charge from the establishment.
Award plaintiff the costs and reasonable legal fees.
Award other relief as may deem necessary by this Court.
Dated 30th day of April, 2009.
_________________________________
Atty. John Smith
ANSWER
STATE OF ILLINOIS US DISTRICT COURT
CIRCUIT COURT OF COOK COUNTY CASE NO. CV 2010-01262010
SUE HAZELY
PLAINTIFF DEFENDANTS ANSWER
-vs.- TO
INHUMANA HOSPITAL PLAINTIFFS COMPLAINT
DR. HELEN HALE
DEFENDANT
The Defendant states the following as hisher Answer to Plaintiffs complaint
The defendants, Inhumana Hospital is located in South California Avenue while Dr. Helen Hale is a resident of Washington Street, Chicago, Illinois.
That Inhumana Hospital is known in Chicago as one of the best privately-owned and operated hospital in town.
Dr. Helen Hale has been working with the hospital since 1999.
All of the transactions with regard to this case shall be coursed through within Chicago, Illinois alone.
Mr. James Roy was admitted at the Inhumana Hospital on April 3, 2009 due to reactions to his chemotherapy treatment. Dr. Hale attended to Mr. Roy.
Mr. Roy was admitted for three weeks and was treated by Dr. Hale based on the medical findings alone.
Based on the tests done on Mr. Roy, the procedure that was given to him was just and proper for his condition.
There was incident that Mr. Roy fell on the bathroom but it was because he slipped accidentally.
The cause of Mr. James Roys death is due to body functions failure caused primarily because of his lung disease.
Defendant asks the Court to
Conduct a cross-examination of the data and medical history of Mr. James Roy.
Assess the hospital facilities and conduct background check for Dr. Helen Hale.
Free the hospital from unnecessary charges brought about by the natural death of Mr. Roy.
Grant the defendants a not guilty rule from all the accusations made by Sue Hazely.
Date 10 May 2009 INHUMANA HOSPITAL
South California Avenue Chicago, IL 60608
DR. HELEN HALE Washington Street Chicago, IL 60602
VERIFICATION AND ACKNOWLEDGEMENT
a. I have read this document. To the best of my knowledge, information and belief contained in the document is well grounded in fact and is warranted by existing law.
b. I have not been determined by any court in Illinois or in any other State to be a frivolous litigant or subject to an Order precluding me from serving and filing this document.
c. I am not serving or filing this document for any improper purpose, such as to harass the other party or to cause delay or needless increase in the cost of litigation or to commit a fraud on the Court.
d. I understand that if I am not telling the truth or if I am misleading the court or if I am serving or filing this document for any improper purpose, the court can order me to pay money to the other party, including the reasonable expenses incurred by the other party because of the serving or filing of this document such as court costs, and reasonable attorneys fees.
___________________________________________
Hospital Director, Inhumana Hospital
____________________________________________
Dr. Helen Hale
Subscribed and sworn to before me this 10th day of May, 2009.
Notary PublicCourt Clerk______________________________
INTERROGATORY QUESTIONS
Since when did you start treating Mr. James Roy
Are you certain that there was not any mishap on the treatment procedures
Is the hospital staff competent enough to do their duty, especially on heavy days or during wee hours
Why did Dr. Helen Hale take Mr. Roys case
Are you aware of the patients medical history
What was Mr. Roys health condition when you started treating him until the day of his death
What was the treatment given to Mr. Roy
Are you aware of the bathroom incident
What measures did you do to resurrect Mr. Roy from the trauma of the fall
Were you able to confirm his healths stability after the incident
Do you personally know Sue Hazely
What is the hospitals mortality statistics
Personnel Count. Equipment Check. Facility Check.
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