Patient follows doctor's order to sue
What would Hippocrates think?Render careful medical services;
After being told by his doctor to see a lawyer, William Carvelot followed up on the order by filing a medical malpractice suit against Bill Daily, M.D. and Belleville Memorial Hospital.
Carvelot alleges that on Nov. 10, 2003, he was seen in the emergency room with complaints of chest pain. It was determined he needed an emergency coronary artery bypass after an EKG and cardiac catheterization were performed.
According to the complaint, Daily performed an emergency coronary artery bypass on Nov. 11, 2003, when Carvelot encountered difficulty breathing and went into ventricular fibrillation.
“CPR was initiated and lasted more than 15 minutes as well as defibrillation was attempted, but the machine did not work,” the complaint filed Nov. 10 in St. Clair County states.
Carvelot claims that the machine was not programmed properly: its synch mode was incorrect, the paddles did not work and the plug malfunctioned. However, after several unsuccessful attempts, he was eventually resuscitated--but the defibrillator never did work.
According to Carvelot, he has suffered problems with his memory, can no longer drive since he lost peripheral vision, has problems with anger and suffers from depression. He was discharged from the hospital on Nov. 18, 2003.
“Carvelot’s family was told after surgery by Dr. Daily that the hospital’s machine was not functioning properly and that he was without oxygen for a period of time and he should see an attorney,” the complaint states.
He claims that after assuming his care, Memorial was negligent for failing to:
Render medical services consistent with the medical needs;
Properly and adequately respond to the medical emergency presented in the operating room;
Follow proper medical procedures;
Provide proper nursing care and staffing; and
Provide proper equipment and back-up equipment that was, useful, and fit for use.
The suit claims Carvelot sustained injuries and lost past and future wages.
He and his wife, Marolyn--who also is seeking damages for the loss of her husband’s affection, companionship and services--together are seeking damages in excess of $250,000.
The Carvelots are represented by Bill Walker of Granite City and Dale Funk of O’Fallon.
05 L 650 (20th Circuit)