Content Reviewed by:
Margaret P. Battersby Black
Content Reviewed by: Margaret P. Battersby Black
Accordion Content
Margaret Battersby Black is an influential trial lawyer with nearly 20 years of experience handling complex cases involving nursing home abuse, birth injuries, medical malpractice, and sexual assault. Her successful case results have set state records and made the headlines. She is a regular guest commentator for various news outlets in the Chicago area. She is a mentor to law students and younger lawyers. In 2015, Chicago-Kent Law School honored her as Outstanding Alumna of the Year for her significant contributions to the legal community. In 2025, Margaret was elected as the 3rd vice president of the Illinois Trial Lawyers Association, making her the 75th president in 2028. Margaret has also been the recipient of multiple Crain’s Chicago Business awards, her most recent being listed as a 2025 Notable Litigator and Trial Attorney.
At Levin & Perconti, we represent individuals whose lives have been disrupted by preventable medical mistakes. In a recent case, our client sought care at a Chicago-area hospital for what was supposed to be a corrective surgery. Instead, due to poor surgical planning and execution, he suffered a rare and life-altering complication. Managing partner and medical malpractice attorney, Margaret Battersby Black, settled this case for $1.7 Million for our client.
A Preventable Surgical Error
Our client had previously undergone a complex thoracic surgery to address a medical issue involving his esophagus and stomach. That initial procedure involved a Collis gastropexy with fundoplication, an advanced surgery requiring high levels of skill and often the involvement of thoracic surgeons.
When complications arose from that first surgery, our client returned to the hospital for a follow-up procedure to repair a hiatal hernia. Unfortunately, this second surgery was not handled with the care or preparation it required.
The operating surgeon attempted to perform the procedure laparoscopically, despite the known complexity and extensive scar tissue from the first surgery. Critically, he did not enlist a thoracic surgeon to assist. During the operation, he encountered significant difficulties closing the diaphragm opening, the area where the esophagus passes through to the stomach. As a result, part of the patient’s stomach migrated into the chest cavity, forming a dangerous and painful gastro-pulmonary fistula, or an abnormal connection between the stomach and the lungs.
The Complications That Followed The Procedure
This serious error led to a cascade of medical problems. Our client endured:
- A prolonged hospitalization
- Recurrent pneumonia
- Invasive procedures
- The placement of a gastrostomy (G-) tube
- Significant, unhealthy weight loss
- Ongoing pain and suffering
How The Hospital Defended The Outcome
The hospital’s legal team claimed that the surgeon followed standard procedures and that complications like this are known risks of the surgery. They further argued that the fistula was caused not by surgical error, but by unrelated gastric ulcers. Our team disagreed.
Why Levin & Perconti Challenged Their Defense
Our case rests on the lack of proper planning and failure to involve the appropriate surgical specialists. Attempting a laparoscopic repair under such complex circumstances, without the support of a thoracic surgeon, fell far below the accepted standard of care.
This was not just a known risk. It was a preventable mistake.
Holding Surgeons Accountable for Preventable Harm
No patient should suffer needlessly because of a doctor’s poor judgment or a hospital’s lack of preparation. This case is about accountability and ensuring that hospitals and surgeons take every necessary precaution when performing high-risk procedures.
At Levin & Perconti, we continue to fight for patients and families harmed by medical negligence. If you or a loved one has experienced complications following surgery, contact us today for a free consultation. We are here to help you uncover the truth and seek the justice you deserve.
