The Complaint, filed in the Circuit Court of Cook County, alleges that Northwestern Memorial Hospital, Northwestern Medical Faculty Foundation, and Robert B. Nadler, M.D. fraudulently induced Mary Bart to have a laser lithotripsy for her kidney stone extraction, thus leading to battery by David Rebuck, M.D.
According to the Complaint, due to the renowned reputation and experience of Dr. Nadler as an urologist, Bart signed a consent form which required that Dr. Nadler himself perform the surgery to remove her kidney stones. However, the Complaint states that Dr. Nadler did not even scrub in for the procedure, which was performed by David Rebuck, M.D.
Post-operatively, Bart became septic, leading to a series of dire medical issues, including respiratory failure, hypoxemia, aspiration pneumonia and septic shock. Bart remained hospitalized at Northwestern Memorial Hospital for more than three weeks, until she was transferred to the Rehabilitation Institute of Chicago for further treatment of her sepsis.
The Complaint further states, that as a direct and proximate result of Dr. Nadler's fraudulent inducement, which in turn led to battery by Dr. Rebuck, who performed the procedure without the consent of Bart, permanent injuries were suffered.
"The conduct alleged in the Complaint by Dr. Nadler and Northwestern Memorial Hospital, one of the leading teaching hospitals in the country, is unconscionable." David A. Axelrod said. "This callous disregard of patient trust led to pain and suffering by Mary Bart that should never have taken place."
Furthermore, the Complaint states that, on information and belief, Northwestern Memorial Hospital was aware that Dr. Nadler "often" permitted other doctors (fellows and residents) to perform surgical procedures on patients, who believed that Dr. Nadler was going to perform their surgery.
Additionally, the Complaint alleges medical negligence and lack of informed consent.
About David A. Axelrod & Associates, P.C. David A. Axelrod & Associates, P.C. (www.axelrodpc.com) is a firm of trial lawyers that represents individuals and businesses in cases involving medical malpractice, catastrophic injuries, professional negligence and fraud.
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