Levin & Perconti has secured a $3.6 million settlement on behalf of the estate of Alberto Mendez, a patient who died at Mt. Sinai Hospital following a series of critical medical errors involving delayed diagnosis and the administration of a contraindicated anesthetic. This agreement resolves a case that underscored the consequences of failing to follow proper medical protocols.
Key Takeaways
- $3.6 Million Settlement: Recovered in a wrongful death case involving delayed surgical evaluation and drug error.
- Fatal Oversight: Mr. Mendez’s condition worsened due to failure to act on elevated potassium levels.
- Drug Misuse: An anesthesiologist administered succinylcholine despite high potassium, a known contraindication.
- Legal Accountability: Compensation was paid by the anesthesiologist, the teaching hospital, and the surgeon involved.
What Happened in This Medical Malpractice Case?
In 2012, Alberto Mendez visited the emergency department at Chicago’s Mt. Sinai Hospital with clear signs of rhabdomyolysis, a condition that causes muscle injury and leads to muscle contents being released into the bloodstream. Leaked contents, such as potassium, can cause serious complications like kidney failure and even death if untreated. However, rhabdomyolysis is treatable with timely intervention.
Despite presenting obvious symptoms, Mr. Mendez’s potassium levels went unnoticed by staff, causing his condition to worsen and triggering compartment syndrome in his thigh. This condition occurs when pressure builds in a muscle, leading to muscle death and requiring surgery.
Doctors determined that Mr. Mendez needed a surgical consult. Two hours after that determination, surgical residents evaluated him and concluded that a pressure-needle test was necessary. However, three hours later, the test was finally administered, revealing a dangerously high pressure of 80 mmHg (normal is 5 mmHg; 30 mmHg requires immediate surgery).
While preparing Mr. Mendez for surgery, the anesthesiologist referred to a 12-hour-old potassium level test and proceeded to administer succinylcholine, a paralytic drug contraindicated for patients with elevated potassium. This decision led to Mr. Mendez going into cardiac arrest 30 minutes after the drug was administered. Sadly, he passed away 28 hours after his admission.
How Did the Firm Secure a Favorable Settlement?
The firm successfully demonstrated that the anesthesiologist’s decision-making fell below the standard of care. While the defense argued that succinylcholine was appropriate for its rapid onset during emergency surgeries and claimed reassessing Mr. Mendez’s potassium levels was unnecessary, the firm proved otherwise.
The legal team established that given Mr. Mendez’s rhabdomyolysis, a condition known to cause dangerous elevations in potassium levels, the standard of care required rechecking his potassium before administering succinylcholine. The firm’s expert testimony and evidence effectively showed that this critical oversight constituted negligence, leading to a favorable settlement for Mr. Mendez and his family.
What Was the Outcome of the Case?
Levin & Perconti secured a $3.6 million settlement for Mr. Mendez’s estate. The financial resolution included:
- $2 million from the anesthesiologist
- $1 million from Rosalind Franklin University of Medicine and Science, which provided the residents involved
- $600,000 from surgeon Hasmukh Patel
This case demonstrates the importance of proper medical intervention, the risks of delayed evaluations, and the consequences of improper drug administration.
Who Were the Attorneys That Secured the $3.6 Million Settlement?
A pioneer in elder abuse and medical malpractice litigation, Steven Levin brings decades of experience and leadership to high-profile cases like Mr. Mendez’s. His work has helped shape patient safety practices in Illinois and beyond.
Widely recognized for her success in complex medical malpractice and personal injury cases, Margaret Battersby Black served as lead counsel in this matter. Her accolades include recognition by Super Lawyers, Chicago Daily Law Bulletin’s “40 Under 40”, and multiple record-setting settlements.
An associate attorney at Levin & Perconti, Jaime Koziol focuses on complex litigation and medical negligence cases. She brings deep attention to detail and tenacity in advocating for clients harmed by preventable medical errors.
Why Is This Case Legally Significant?
This case underscores the deadly consequences of delayed testing, poor supervision of medical residents, and outdated lab results during critical care. If Mr. Mendez’s symptoms had been promptly addressed, his life could have been saved. Additionally, it highlights the legal accountability of hospitals and teaching institutions when their negligence leads to preventable death.
How Can Levin & Perconti Help Victims of Medical Malpractice Secure Justice?
Levin & Perconti is a trusted advocate for victims of medical malpractice. With over $1billion in verdicts and settlements, the firm has secured justice for individuals and families affected by medical errors, including those involving delayed diagnoses, medication errors, and surgical mistakes.
If you or someone you love has suffered due to medical negligence, Levin & Perconti can help. The firm works on a contingency fee basis, meaning clients do not pay upfront fees, legal fees are only collected if the case is successful. Contact Levin & Perconti today for a free consultation.
