IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION
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- Claud Cobb
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1 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION JOSEPH CHRISTOPHER, Independent ) Executor of the Estate of GLORIA ) LYNNE CHRISTOPHER, Deceased ) ) Plaintiffs, ) ) vs. ) No. 99 L 2579 ) NANETTE RUMSEY, M.D.; LSOBGYN-I, ) LTD., d/b/a LAKE SHORE OBSTETRICS ) and GYNECOLOGY, LLC., JULIE BARTON ) M.D., MANDAN FARAHATI M.D. ) and NORTHWESTERN MEMORIAL HOSPITAL,) ) Defendants. ) FIRST AMENDED COMPLAINT AT LAW Plaintiff, JOSEPH CHRISTOPHER, Independent Executor of the Estate of GLORIA LYNNE CHRISTOPHER (hereafter Lynne Christopher ), Deceased, complaining of defendants NANETTE RUMSEY, M.D. ( RUMSEY ); LSOBGYN-I, LTD., d/b/a LAKESHORE OBSTETRICS AND GYNECOLOGY, LLC. ( LAKESHORE ); JULIE BARTON, M.D., MANDAN FARAHATI, M.D. and NORTHWESTERN MEMORIAL HOSPITAL ( NORTHWESTERN MEMORIAL ), pleading hypothetically and in the alternative:
2 Count I Medical Malpractice-Survival Action-Dr. Rumsey 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 2
3 9. On all dates that she treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that Lynne Christopher was treated by FARAHATI, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 16. On and before November 18, 1998, defendants RUMSEY and LAKESHORE, and each of them was negligent in one or more of the following respects, by: a) failing to suspect injury to plaintiff s decedent s bladder; or b) failing to determine whether plaintiff s decedent s bladder was injured; or 3
4 c) performing a tubal ligation on plaintiff s decedent despite the fact that the procedure was not indicated due to her age. 17. As a proximate result of one or more of the aforesaid negligent acts and/or omissions of defendants RUMSEY and LAKESHORE, and each of them, plaintiff s decedent suffered sepsis, septic shock, and necrotizing fascitis, all of which caused injuries of a personal and pecuniary nature which led to her death on November 27, Had she survived, Lynne Christopher would have been able to file a lawsuit for the personal and pecuniary injuries suffered between November 18 and November 27, 1998 and said right has survived her death. 19. This lawsuit is brought by the Estate of Lynne Christopher, pursuant to the Survival Act of the State of Illinois. 20. The pertinent medical record of Lynne Christopher's fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1, attached hereto.) WHEREFORE, Plaintiff, Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Nanette Rumsey, M.D. and Lakeshore Obstetrics and Gynecology, S.C. and each of them in an 4
5 amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. COUNT II Medical Malpractice-Wrongful Death-Dr. Rumsey 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 5
6 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 9. On all dates that she treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that Lynne Christopher was treated by FARAHATI, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 16. On and before November 18, 1998, defendants RUMSEY and LAKESHORE, and each of them was negligent in one or more of the following respects, by: 6
7 a) failing to suspect injury to plaintiff s decedent s bladder; or b) failing to determine whether plaintiff s decedent s bladder was injured; or c) performing a tubal ligation on plaintiff s decedent despite the fact that the procedure was not indicated due to her age. 17. As a proximate result of one or more of the aforesaid negligent acts and/or omissions of defendants Nanette Rumsey, M.D. and Lakeshore Obstetrics and Gynecology, S.C., and each of them, Lynne Christopher suffered injuries which resulted in her death on November 27, At the time of her death, Lynne Christopher was survived by her son, Joseph Christopher, her mother, Metta Bell King and her sister Debra Cornine, each of whom has suffered pecuniary loss as a result of her wrongful death. 19. Joseph Christopher is the duly appointed Independent Executor of the Estate of Lynne Christopher, deceased, and he brings this action pursuant to the Wrongful Death Act of the State of Illinois on behalf of the real parties in interest, the survivors of Lynne Christopher. (See Exhibit 2, attached.) 20. The pertinent medical records of Lynne Christopher s fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1.) 7
8 WHEREFORE, plaintiff Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Nanette Rumsey, M.D., Lakeshore Obstetrics and Gynecology, S.C. and each of them, in an amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. COUNT III Medical Malpractice-Survival Action-Dr. Kelly and Northwestern 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 8
9 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 9. On all dates when she treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates when FARAHATI treated Lynne Christopher, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 9
10 16. On and before November 18, 1998, defendants KELLY and NORTHWESTERN MEMORIAL, and each of them was negligent in one or more of the following respects, by: a) failing to suspect injury to plaintiff s decedent s bladder; or b) failing to determine whether plaintiff s decedent s bladder was injured; or c) performing a tubal ligation on plaintiff s decedent despite the fact that the procedure was not indicated due to her age. 17. As a proximate result of one or more of the aforesaid negligent acts and/or omissions of defendants KELLY and NORTHWESTERN MEMORIAL, and each of them, plaintiff s decedent suffered sepsis, septic shock, and necrotizing fascitis, all of which caused injuries of a personal and pecuniary nature which led to her death on November 27, Had she survived, Lynne Christopher would have been able to file a lawsuit for the personal and pecuniary injuries suffered between November 18 and November 27, 1998 and said right has survived her death. 19. This lawsuit is brought by the Estate of Lynne Christopher, pursuant to the Survival Act of the State of Illinois. 20. The pertinent records of Lynne Christopher s fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the 10
11 opinion that there was negligence on the part of the defendants. (See Exhibit 1.) WHEREFORE, Plaintiff, Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Gwendolyn Kelly and Northwestern Memorial Hospital, a corporation, and each of them, in an amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. COUNT IV Medical Malpractice-Wrongful Death-Dr. Kelly and Northwestern 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 11
12 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 9. On all dates that BARTON treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that FARAHATI treated Lynne Christopher, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 12
13 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 16. On and before November 18, 1998, defendants KELLY and NORTHWESTERN, and each of them was negligent in one or more of the following respects, by: a) failing to suspect injury to plaintiff s decedent s bladder; or b) failing to determine whether plaintiff s decedent s bladder was injured; or c) performing a tubal ligation on plaintiff s decedent despite the fact that the procedure was not indicated due to her age. 17. As a proximate result of one or more of the aforesaid negligent acts and/or omissions of defendants KELLY AND NORTHWESTERN, and each of them, Lynne Christopher suffered injuries which resulted in her death on November 27, At the time of her death, Lynne Christopher was survived by her son, Joseph Christopher, her mother, Metta Bell King and her sister Debra Cornine, each of whom has suffered pecuniary loss as a result of her wrongful death. 19. Joseph Christopher is the duly appointed Independent Executor of the Estate of Lynne Christopher, deceased, and he brings this action pursuant to the Wrongful Death Act of the State of Illinois on behalf of the real parties in interest, the survivors of Lynne Christopher. (See Exhibit 2.) 13
14 20. The pertinent medical records of Lynne Christopher s fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1.) WHEREFORE, plaintiff Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Gwendolyn Kelly, M.D., Northwestern Memorial Hospital, a corporation and each of them, in an amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. COUNT V Medical Malpractice-Survival Action-Dr. Cowett and Northwestern 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 14
15 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 9. On all dates that BARTON treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that FARAHATI treated Lynne Christopher, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 15
16 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 16. On and before November 18, 1998, defendants COWETT and NORTHWESTERN MEMORIAL, and each of them was negligent in one or more of the following respects, by: a) failing to suspect injury to plaintiff s decedent s bladder; or b) failing to determine whether plaintiff s decedent s bladder was injured; or c) performing a tubal ligation on plaintiff s decedent despite the fact that the procedure was not indicated due to her age. 17. As a proximate result of one or more of the aforesaid negligent acts and/or omissions of defendants COWETT and NORTHWESTERN MEMORIAL, and each of them, plaintiff s decedent suffered sepsis, septic shock, and necrotizing fascitis, all of which caused injuries of a personal and pecuniary nature which led to her death on November 27, Had she survived, Lynne Christopher would have been able to file a lawsuit for the personal and pecuniary injuries suffered between November 18 and November 27, 1998 and said right has survived her death. 16
17 19. This lawsuit is brought by the Estate of Lynne Christopher, pursuant to the Survival Act of the State of Illinois. 20. The pertinent medical record of Lynne Christopher s fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1.) WHEREFORE, Plaintiff, Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Alison Cowett, M.D. and Northwestern Memorial Hospital, a corporation, and each of them, in an amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. COUNT VI Medical Malpractice-Wrongful Death-Dr. Cowett and Northwestern 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 17
18 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 9. On all dates that BARTON treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that FARAHATI treated Lynne Christopher, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 18
19 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 16. On and before November 18, 1998, defendants COWETT and NORTHWESTERN, and each of them was negligent in one or more of the following respects, by: a) failing to suspect injury to plaintiff s decedent s bladder; or b) failing to determine whether plaintiff s decedent s bladder was injured; or c) performing a tubal ligation on plaintiff s decedent despite the fact that the procedure was not indicated due to her age. 17. As a proximate result of one or more of the aforesaid negligent acts and/or omissions of defendants COWETT and NORTHWESTERN and each of them, Lynne Christopher suffered injuries which resulted in her death on November 27, At the time of her death, Lynne Christopher was survived by her son, Joseph Christopher, her mother, Metta Bell 19
20 King and her sister Debra Cornine, each of whom has suffered pecuniary loss as a result of her wrongful death. 19. Joseph Christopher is the duly appointed Independent Executor of the Estate of Lynne Christopher, deceased, and he brings this action pursuant to the Wrongful Death Act of the State of Illinois on behalf of the real parties in interest, the survivors of Lynne Christopher. (See Exhibit 2.) 20. The pertinent medical records of Lynne Christopher s fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1.) WHEREFORE, plaintiff Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Alison Cowett, M.D., Northwestern Memorial Hospital, a corporation and each of them, in an amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. Plaintiff, JOSEPH CHRISTOPHER, Independent Executor of the Estate of GLORIA LYNNE CHRISTOPHER (hereafter Lynne Christopher ), Deceased, complaining of defendants NANETTE RUMSEY, M.D. ( RUMSEY ); LSOBGYN-I, LTD., d/b/a LAKESHORE OBSTETRICS AND GYNECOLOGY, LLC. ( LAKESHORE ); ALISON COWETT, M.D. ( COWETT ), GWENDOLYN KELLY, M.D. ( KELLY ) and 20
21 NORTHWESTERN MEMORIAL HOSPITAL ( NORTHWESTERN MEMORIAL ), pleading hypothetically and in the alternative: Count VII Medical Malpractice-Survival Action-Dr. Barton 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 21
22 9. On all dates that she treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that Lynne Christopher was treated by FARAHATI, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 16. Subsequent to the aforementioned surgical procedure, Lynne Christopher was taken into surgery for a diagnostic laparoscopy and an exploratory laparotomy which were performed by BARTON, FARAHATI and RUMSEY. 17. Subsequent to the laparotomy, Lynne Christopher was diagnosed with necrotizing fascitis. 22
23 18. On and before November 18, 1998, defendants BARTON and LAKESHORE, and each of them was negligent in the following respect: a) by failing to timely diagnose and treat Lynne Christopher s soft tissue infection. 17. As a proximate result of the aforesaid negligent omission of defendant BARTON and LAKESHORE, and each of them, plaintiff s decedent suffered sepsis, septic shock, and necrotizing fascitis, all of which caused injuries of a personal and pecuniary nature which led to her death on November 27, Had she survived, Lynne Christopher would have been able to file a lawsuit for the personal and pecuniary injuries suffered between November 18 and November 27, 1998 and said right has survived her death. 19. This lawsuit is brought by the Estate of Lynne Christopher, pursuant to the Survival Act of the State of Illinois. 20. The pertinent medical record of Lynne Christopher's fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1, attached hereto.) 23
24 WHEREFORE, Plaintiff, Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Julie Barton, M.D. and Lakeshore Obstetrics and Gynecology, S.C. and each of them in an amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. COUNT VIII Medical Malpractice-Wrongful Death-Dr. Barton 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 24
25 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 9. On all dates that she treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that Lynne Christopher was treated by FARAHATI, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. Subsequent to the tubal ligation, Lynne Christopher was taken into surgery for a diagnostic laparoscopy and an 25
26 exploratory laparotomy, which were performed by RUMSEY, BARTON and FARAHATI. 16. Subsequent to the laparoscopy and laparotomy, Lynne Christopher was diagnosed with necrotizing fascitis. 17. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 18. On and before November 18, 1998, defendants BARTON and LAKESHORE, and each of them was negligent in the following respect: a) by failing to timely diagnose and treat Lynne Christopher s soft tissue infection. 17. As a proximate result of the aforesaid negligent omission of defendants Julie Barton, M.D. and Lakeshore Obstetrics and Gynecology, S.C., and each of them, Lynne Christopher suffered injuries which resulted in her death on November 27, At the time of her death, Lynne Christopher was survived by her son, Joseph Christopher, her mother, Metta Bell King and her sister Debra Cornine, each of whom has suffered pecuniary loss as a result of her wrongful death. 19. Joseph Christopher is the duly appointed Independent Executor of the Estate of Lynne Christopher, deceased, and he brings this action pursuant to the Wrongful Death Act of the 26
27 State of Illinois on behalf of the real parties in interest, the survivors of Lynne Christopher. (See Exhibit 2, attached.) 20. The pertinent medical records of Lynne Christopher s fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1.) WHEREFORE, plaintiff Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Nanette Rumsey, M.D., Lakeshore Obstetrics and Gynecology, S.C. and each of them, in an amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. Count IX Medical Malpractice-Survival Action-Dr. Farahati 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 27
28 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 9. On all dates that she treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that Lynne Christopher was treated by FARAHATI, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 28
29 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 16. Subsequent to the tubal ligation, Lynne Christopher was taken into surgery for a diagnostic laparoscopy and an exploratory laparotomy which were performed by RUMSEY, BARTON and FARAHATI. 17. Subsequent to the laparoscopy and laparotomy, Lynne Christopher was diagnosed with necrotizing fascitis. 18. On and before November 18, 1998, defendants FARAHATI and LAKESHORE, and each of them was negligent in the following respect: a) by failing to timely diagnose and treat Lynne Christopher s soft tissue infection. 19. As a proximate result of one or more of the aforesaid negligent acts and/or omissions of defendants FARAHATI and LAKESHORE, and each of them, plaintiff s decedent suffered sepsis, septic shock, and necrotizing fascitis, all of which caused injuries of a personal and pecuniary nature which led to her death on November 27,
30 20. Had she survived, Lynne Christopher would have been able to file a lawsuit for the personal and pecuniary injuries suffered between November 18 and November 27, 1998 and said right has survived her death. 21. This lawsuit is brought by the Estate of Lynne Christopher, pursuant to the Survival Act of the State of Illinois. 22. The pertinent medical record of Lynne Christopher's fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1, attached hereto.) WHEREFORE, Plaintiff, Joseph Christopher, Independent Executor of the Estate of Gloria Lynne Christopher, deceased, demands judgment against defendants Mandan Farahati, M.D. and Lakeshore Obstetrics and Gynecology, S.C. and each of them in an amount in excess of the jurisdictional limits of the Law Division of the Circuit Court of Cook County. 30
31 COUNT X Medical Malpractice-Wrongful Death-Dr. Farahati 1. On and before November 18, 1998, defendant RUMSEY was a medical doctor licensed to practice medicine in Illinois who held herself out as a specialist in obstetrics and gynecology. 2. On and before November 18, 1998, COWETT was a 3. On and before November 18, 1998, KELLY was a physician licensed to practice medicine in Illinois. 4. On and before November 18, 1998, BARTON was a 5. On and before November 18, 1998, FARAHATI was a 6. On and before November 18, 1998 and on all dates during which she treated Lynne Christopher, RUMSEY was an agent and/or employee of LAKESHORE. 7. On all dates that she treated Lynne Christopher, KELLY was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 8. On all dates that she treated Lynne Christopher, COWETT was a resident physician who was an agent and/or employee of NORTHWESTERN MEMORIAL. 31
32 9. On all dates that she treated Lynne Christopher, BARTON was an agent and/or employee of LAKESHORE. 10. On all dates that Lynne Christopher was treated by FARAHATI, FARAHATI was an agent and/or employee of LAKESHORE. 11. On November 18, 1998, Lynne Christopher was admitted to NORTHWESTERN MEMORIAL for an elective tubal ligation under RUMSEY S service. 12. On November 18, 1998, RUMSEY, assisted by KELLY AND COWETT, performed a laparoscopic tubal ligation on Lynne Christopher. 13. During the aforesaid surgical procedure, plaintiff s bladder was torn. 14. During the aforesaid surgical procedure, none of the physicians in attendance, specifically RUMSEY, KELLY or COWETT suspected any injury to the patient s bladder. 15. On November 18, 1998, Lynne Christopher was a fortynine year old woman. 16. Subsequent to the tubal ligation, Lynne Christopher was taken into surgery for a diagnostic laparoscopy and an exploratory laparotomy which were performed by RUMSEY, BARTON and FARAHATI. 17. Subsequent to the laparoscopy and laparotomy, Lynne Christopher was diagnosed with necrotizing fascitis. 32
33 18. On and before November 18, 1998, defendants FARAHATI and LAKESHORE, and each of them was negligent in the following respect: a) failing to timely diagnose and treat Lynne Christopher s soft tissue infection. 19. As a proximate result of one or more of the aforesaid negligent acts and/or omissions of defendants Mandan Farahati, M.D. and Lakeshore Obstetrics and Gynecology, S.C., and each of them, Lynne Christopher suffered injuries which resulted in her death on November 27, At the time of her death, Lynne Christopher was survived by her son, Joseph Christopher, her mother, Metta Bell King and her sister Debra Cornine, each of whom has suffered pecuniary loss as a result of her wrongful death. 21. Joseph Christopher is the duly appointed Independent Executor of the Estate of Lynne Christopher, deceased, and he brings this action pursuant to the Wrongful Death Act of the State of Illinois on behalf of the real parties in interest, the survivors of Lynne Christopher. (See Exhibit 2, attached.) 22. The pertinent medical records of Lynne Christopher s fatal admission to Northwestern Memorial Hospital have been reviewed by a board-certified obstetrician/gynecologist who is of the opinion that there was negligence on the part of the defendants. (See Exhibit 1.) 33
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