Lawyers at DBS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.
DBS Obtains a Defense Verdict in Cook County
Hospital and Hospitalist
Outcome:Defense Verdict
On September 22, 2025, Stetson Atwood and Reid Byers secured a defense verdict for their clients—a hospitalist and a local hospital—in a medical malpractice trial held in Cook County before the Hon. Patricia O’Brien Sheahan.
The case involved a 61-year-old gentleman who presented to the hospital for an elective HeRo Super Graft placement procedure to support his ongoing dialysis treatment. Postoperatively, he experienced respiratory complications requiring intubation and subsequent re-intubation. During his three-day admission, the patient was evaluated and managed by an intensivist, infectious disease specialist, nephrologist, and vascular surgeon. The hospitalist coordinated this multidisciplinary team, ensuring comprehensive care for the patient’s chronic comorbidities.
On the day of discharge, physical examination findings and laboratory results indicated that the patient was stable for discharge. All consulting specialists approved the discharge plan, and outpatient follow-up was scheduled. Unfortunately, the patient passed away alone in the early morning hours following discharge. No autopsy was performed.
The plaintiff alleged that the hospitalist was negligent in discharging the patient with an abnormal vital sign of low blood pressure. This purported deviation from the standard of care was claimed to have caused the decedent’s death within hours of discharge. In response, the defense argued that the cause of death was indeterminate, as it was unwitnessed and no autopsy was performed, thereby precluding the plaintiff from establishing proximate cause. Additionally, the defense introduced expert testimony from a local hospital medicine specialist who affirmed that the defendant hospitalist complied with the applicable standard of care. The expert further noted that the patient had a five-year history of chronic hypotension, and that the discharge blood pressure was consistent with the patient’s established baseline.
After a brief deliberation, the jury returned a verdict in favor of our clients.