In March 2011, Tyree died during a routine procedure at the medical center. His estate claimed that his death was partly due to the negligence of the hospital’s staff.
Tyree was ill with stomach cancer and visited the medical center for treatment. He died after members of the hospital’s staff reportedly improperly removed a catheter during a routine procedure. The Cook County medical examiner ruled Tyree’s death an accident.
Tyree’s estate filed a medical malpractice suit against the hospital, alleging negligence on the part of the medical staff. The University of Chicago Medical Center recently signed a settlement agreement, but admitted no fault.
Medical malpractice occurs when a medical professional’s negligent act or omission causes harm to the patient. When the defendant is a hospital, the court often looks at the employee training, safety precautions, and standard of care employed by the hospital. Generally, plaintiffs seek damages for medical expenses, lost wages, and pain and suffering. In wrongful death suits, the decedent’s family may seek damages for loss of consortium as well.
The settlement takes the form of a “gift agreement.” Under the agreement, the University of Chicago Medical Center will donate the settlement proceeds to the James C. Tyree Charitable Foundation, half of which will go to James Tyree’s family and the other half paid out in annual installments to his estate.
Related Resources:
Find a Chicago Personal Injury Attorney (FindLaw)
U of C, James Tyree’s Family Reach $ 10 Million Settlement (Chicago Sun-Times)
Wrongful Death Overview (FindLaw)
Medical Malpractice Overview (FindLaw)
The Chicago Personal Injury Law Blog
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