Professional Negligence Law Reporter
Medicine
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Failure to document patient’s risk of aspiration
January/February 2025Gloria Nogan, 81, underwent a partial colonoscopy after presenting to a hospital ER with gastroenterological symptoms. The attending anesthesiologist, Bassem Ghaly, employed monitored anesthesia care sedation instead of general anesthesia with endotracheal tube intubation. Nogan aspirated during the procedure and subsequently died of complications from the aspiration.
Her estate sued Ghaly and Resolute Anesthesia, alleging that Ghaly had failed to conduct a proper pre-anesthesia evaluation, including documenting Nogan’s high risk for aspiration, and failed to utilize endotracheal intubation.
The jury awarded $4 million. The parties later settled for $2 million policy limits.
Citation: Nogan v. Ghaly, No. 2020 L 11581 (Ill. Cir. Ct. Cook Cnty. June 10, 2024).
Plaintiff counsel: AAJ member Mariam Hafezi, Oak Park, Ill.