Professional Negligence Law Reporter

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Failure to keep patient in ICU

January/February 2025

Saalik Ziyad, a 40-year-old man with known congestive heart failure, went to the Advocate Trinity Hospital ER, where he was treated for sepsis and an abscess. An ECG was read as borderline. Ziyad was then admitted to the intensive care unit (ICU). Nephrologist Branislav Marcic allegedly accepted the admission and acted as attending physician. After undergoing surgical incision and drainage of the abscess, Ziyad experienced decreased vital signs and lack of urine output, as well as an elevated white blood cell count. An intensivist transferred him to a general floor, where he died. A musician, he is survived by his parents.

Ziyad’s estate sued Advocate Trinity Hospital and the intensivist, alleging medical negligence for failure to keep Ziyad in the ICU. The plaintiff claimed that the defendants had ignored the signs of a heart attack that led to a left ventricular rupture of his heart while he was unattended. Marcic also was named in the lawsuit.

Marcic settled with the plaintiff during jury deliberations for $650,000. The jury awarded over $2.7 million, finding Ziyad 35% negligent.

Citation: Ziyad v. Advocate Trinity Hosp., No. 20 L 010276 (Ill. Cir. Ct. Cook Cnty. May 16, 2024).

Plaintiff counsel: Craig D. Tobin, Paula Fuller Tobin, and Matthew C. Lauderdale, all of Chicago.