A $3.2 million settlement was reached in a wrongful death lawsuit filed by the husband of Toni Koval, who died after complications from a hysterectomy. Koval developed severe abdominal pain after her surgery at Palos Community Hospital. While in the intensive care unit, the attending physicians failed to properly examine and diagnose Koval, whose condition continued to deteriorate due to a perforated colon. This resulted in sepsis, peritonitis, and ultimately organ failure leading to her death. The plaintiff's attorney argued that had the physicians properly examined Koval when she was admitted to the ICU, the perforated colon would have been discovered and treated surgically to prevent her death. The hospital and physicians settled the case before trial

1. Volume 159, No. 96
Hospital and physicians settle
wrongful-death suit for $3.2M
BY JENN BALLARD
Law Bulletin staff writer
The husband of a woman who
died from complications after a
hysterectomy has received a $3.2
million settlement in Cook
County Circuit Court.
In September 2008, Toni
Koval, 53, underwent the
procedure at Palos Community
Hospital in Palos Heights.
The surgery was completed
without incident and the
operating surgeon assigned Dr.
Jack Doah to perform Koval’s
follow-up care.
The next day, Koval developed
severe abdominal pain. The
doctor at the facility recom-
mended Koval — whose blood
pressure dropped, heart rate
increased and respiration rate
increased — be admitted into the
intensive care unit, which Doah
approved, the suit alleged.
After being admitted to the
ICU, Doah designated that
Koval’s family practice physician
take over as her primary
attending doctor while she was in
the ICU. Koval’s family practice
physician was not available, so
his associate, Dr. Raymond
DiPasquo, was assigned.
DiPasquo requested
pulmonary, cardiology and infec-
tious disease consultations.
Doah, DiPasquo and the three
specialists never visited Koval
for diagnosis, the suit alleged.
When Koval experienced a
respiratory arrest, multiple physi-
cians in the hospital responded,
and she was intubated.
With her abdomen rigid and
swollen, she was readied for
surgery. A hole was discovered in
her colon, which allowed fecal
matter and gastric liquids to
seep into her abdominal cavity
after the hysterectomy.
The surgeon tried to close the
hole and clean the abdominal
cavity, but Koval died the
following day from complications
of sepsis, peritonitis and organ
failure.
Koval’s husband, Joseph
Koval, filed a wrongful-death
lawsuit against the hospital,
Doah and DiPasquo.
Michael Paul Cogan, a partner
at Cogan & Power P.C., repre-
sented the estate.
Cogan said the case highlights
the potentially dangerous
situation that can occur in a
hospital that houses an open
ICU.
Instead of being staffed by
physicians 24/7 who are specifi-
cally trained in intensive care
medicine, Cogan said, an open
ICU does not necessarily have a
physician present. Any physician
can serve as a patient’s attending
doctor.
Had a physician examined
Koval’s abdomen when she was
admitted to the ICU, Cogan said,
“it would have been obvious that
she had a surgical abdomen and
curative surgery would have
taken place.”
“This should have been a no-
brainer,” Cogan said. “Dr. Doah
should have seen the patient,
evaluated her hands-on and
made his own determination as
to what was going on.”
Cogan said the doctors should
have communicated better.
“An open ICU like Palos is fine
as long as the doctors talk to
each other,” he said.
“But when you have a situation
where you have five physicians
who are all supposed to be
involved, carrying out their
responsibilities by making phone
calls to a nurse rather than to
each other … things like this will
happen.”
Matthew J. Egan, a partner at
Pretzel & Stouffer Chtd. who
represented the hospital, said
settling the case before it went to
trial was the better option for his
client.
“From our perspective, it was
a business decision to put this
potentially risky case behind us,”
he said. “Even though we felt —
as all of the defendants felt —
there were solid defenses in our
compliance with care.”
Kevin Joseph Burke, a partner
at Hinshaw & Culbertson LLP,
represented Doah. James W.
Kopriva — a partner at Cassiday,
Schade LLP — represented
DiPasquo. They could not be
reached for comment.
Associate Judge Patrick F.
Lustig approved the settlement
on May 9.
The case is Joseph Koval, etc. v.
Palos Community Hospital et. al.,
No. 09 L 9283.
Copyright © 2013 Law Bulletin Publishing Company. All rights reserved. Reprinted with permission from Law Bulletin Publishing Company.
CHICAGOLAWBULLETIN.COM WEDNESDAY, MAY 15, 2013
Michael Paul Cogan
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