Physician
hit with $9.7 million verdict
(As
reported in the Chicago Daily Law Bulletin)
By Mike Austin
Law Bulletin Staff Writer
A
Cook County judge entered a $9.7 million verdict in favor
of a boy born mentally retarded allegedly because his mother's
HMO physician failed to manage her obstetrics care properly.
A
Circuit Court jury found Dr. Alphonsa Anthony negligent
in her role as Denise Love's primary care physician and
awarded damages of $9,697,693 for 6-year old Anthony Thomas.
Circuit Judge Thomas P. Quinn presided over the eight-day
trial.
Dr.
Anthony was acting as Ms. Love's "gatekeeper,"
the physician responsible for supervising, coordinating
and approving all specialist care, such as obstetrics, and
for managing costs, according to the plaintiff's attorney
Kurt D. Lloyd of Lloyd & Cavanagh. The arrangement was
part of the Chicago HMO insurance plan, and Dr. Anthony
had a hand in the patient's treatment under the guidelines,
Mr. Lloyd said.
Under
the HMO plan, Ms. Love went to Dr. Anthony for a pregnancy
diagnosis on Aug. 26, 1988, Mr. Lloyd said. The test came
back positive, and Dr. Anthony referred the mother to an
obstetrician, Dr. Varsha Upadhyaya, who was supposed to
manage the woman's day-to-day pregnancy and report back
to the primary care physician, he said.
The
obstetrician later referred the mother back to Dr. Anthony
for blood-sugar tested on Sept. 29, Oct., Nov. 14 and 25,
Mr. Lloyd said. Each blood-sugar test reports-- all of which
contained information that the woman has uncontrolled gestational
diabetes--was first received and initialed by Dr. Anthony,
then mailed to the obstetrician, he said. As the plaintiff's
lawyer, Mr. Lloyd argued at trial that Dr. Anthony's medical
chart for the patient did not show requests for the treatment
of the diabetes, which Dr. Anthony should approve.
The
ultrasound results also contained indications that the pregnant
woman had diabetes, Mr. Lloyd noted.
As
a result of the untreated diabetes, the boy was delivered
on Nov. 28, 1988, by emergency Caesarean section and now
suffers from moderate to severe mental retardation.
Mr.
Lloyd also argued at trial that Dr. Anthony, if she were
properly supervising the care, should have intervened by
telephoning the obstetrician, asking what should be done,
and developing a plan to treat the mother's diabetes and
deliver the baby by the due date.
"This
is a needless thing," Mr. Lloyd said of the boy's condition.
"A simple telephone call by the HMO doctor, who is
in charge of the patient's entire care, would have saved
the child from injury, but now he will require life-long
care. The defendant is not a bookkeeper."
Mr.
Johnson said his client admits that treatment was lacking,
but maintains that it was not because of her negligence.
Dr. Anthony was only responsible for administering tests
and handling costs claimed, he argued. The primary care
responsibilities had been transferred to the obstetrician,
Dr. Upadhyaya, who settled before the trial began for her
insurance policy limit of $1 million. That amount will be
set off against the jury's award, Mr. Lloyd said.
"In
any event it was a situation where the jury expected more
of a doctor than the medical community expects of a doctor,"
Mr. Johnson said about Dr. Anthony. "In other words,
my doctor wasn't treating the patient." However, Mr.
Lloyd commented the "jury felt otherwise. Dr. Anthony
was involved because she was being paid and should have
intervened to find out what was going on with the patient."
