Legal RN Reporter - Vol. 8 Issue 3

Haibeck and Associates Legal Nurse Consulting Volume 8 Issue 3 REPORTER Medical News You Can Use in Your Law Practice

In March 2025, a Georgia jury awarded $15.5 million to the estate of 74-year-old David Bochenek, who became quadriplegic and later died after a misread cervical spine CT scan. Bochenek had fallen down the stairs at his daughter’s Georgia home in May 2018 and was transported by ambulance to Gwinnett Medical Center’s emergency department. Doctors ordered CT studies, including scans of his cervical spine, with a cervical collar in place. Misread CT Scan Leads to Catastrophic Spinal Injury: $15.5 Million Awarded to Estate of Medical Malpractice Victim

KEY LEGAL THEMES & CASE TAKEAWAYS

2. Extremely brief review time: An audit revealed Bryce spent about five minutes reading both the head and spine CTs—significantly less than the 15+ minute average suggested by medical literature. 3. Gross negligence under Georgia law: Plaintiff counsel relied on a July 2024 Georgia Court of Appeals decision holding that gross negligence can apply to remote teleradiologists—even when they’re not physically present in the ER— because the duty exists so long as the care is provided to a patient in an emergency setting. The verdict represents one of the largest emergency medicine malpractice awards in Georgia history— highlighting the legal responsibilities of remote medical professionals and the serious consequences of cursory reads under pressure.

Overnight, Dr. Thomas J. Bryce , working remotely for Quality Nighthawk Teleradiology Group from Thailand, issued a preliminary report interpreting Bochenek’s spine CT as consistent with degenerative changes and “completely normal for a 74-year-old.” Based on this report, emergency physicians removed his cervical collar. Within hours, Bochenek’s condition deteriorated—he suffered catastrophic spinal injury leading to quadriplegia and passed away nearly three years later. (Death was deemed linked to the initial misdiagnosis). Plaintiff attorneys, led by Daniel Moriarty of Moriarty Injury Lawyer, pointed out key trial issues: 1. Discrepancy between preliminary and final reads: Hospital radiologists later issued a variance report noting abnormalities—such as disc widening and possible fractures—not identified by Bryce’s preliminary read.

• Teleradiology liability: Remote radiologists are held to the same gross negligence standard as on-site physicians in emergency cases. • Duty of care not location dependent: Georgia appellate precedent affirms liability regardless of physical location. • Importance of audit evidence: Objective data showing minimal scan review time proved compelling to the jury. • Variances in reading: A clear contrast between preliminary and final reads undercut the credibility of the defense. Source: https://radiologybusiness.com/topics/healthcare management/legal-news/criticisms-over teleradiologists-quick-ct-read-convince-jury-ok 155m-malpractice-verdict

CANCER CARE MALPRACTICE: AN ATTORNEY'S GUIDE TO UNDERSTANDING THE ISSUES

My new book, Cancer Care Malpractice: An Attorney's Guide to Understanding the Issues , offers an overview of cancer care and treatment areas, and what to look for in medical record analysis to enable the attorney and legal nurse consultant to serve the client’s best interests. To order your copy of Cancer Care Malpractice , go to bit.ly/2UR9vrl or find it on Amazon.

LEGAL RN REPORTER

—continued from page 4 Tragic Custody Death of Reneyda Aguilar-Hurtado Spurs $11M Settlement and Policy Reforms

SIGNIFICANCE AND BROADER CONTEXT The case of Reneyda Aguilar-Hurtado underscores how the intersection of mental illness and incarceration can be fatal under chronic, underresourced systems. Advocates pointed to overreliance on jail systems as default mental health responders and systemic shortages in state psychiatric facility capacity. Aguilar-Hurtado’s death highlights the consequences of these compounded failures. Her death also aligns with a troubling national trend: jail fatalities—particularly among detainees awaiting psychiatric care—are increasing. Aguilar-Hurtado’s wrongful death lawsuit and the resulting $11 million settlement serve as both a legal precedent and a cautionary tale about the urgent need for systemic reform in custodial health care. This case remains under scrutiny and represents a landmark wrongful death action tied to mental health negligence in custody. Sources: https://www.illinoispress.org/Home/tabid/105/ArticleID/2748/11M-payout reached-in-DuPage-jail-death.aspx?utm https://www.dailyherald.com/20250311/news/dupage-county-to-pay-11 million-to-settle-lawsuit-over-detainees-death-in-jail/?utm_

Aguilar-Hurtado’s family. County Chair Deborah Conroy described the death as “a perfect storm of failures”—citing systemic gaps in mental health care access , delays in state hospitalization, and inadequate jail protocols. Michael Mead, the family’s lead attorney, emphasized that the death was "preventable" and represented a catastrophic deprivation of care. POLICY REFORMS AND OVERSIGHT In the wake of the settlement, DuPage County officials introduced reforms aimed at preventing similar tragedies: ▪ Four personnel involved during Aguilar-Hurtado’s detention were reportedly disciplined or terminated. ▪ Mental health staffing at the jail was doubled from four to eight clinicians, and individualized care plans were instituted. ▪ DuPage County Board members called for formal reviews of jail healthcare protocols, and demanded reporting on corrective actions taken by the Sheriff’s Department in response to the lawsuit. These requests were discussed in a May 27, 2025, board meeting but were not immediately adopted.

Visitors to the newly opened Science Center at Arch Rock on Mackinac Island are in for a surprising discovery: Michigan was once at the equator. This state-of-the-art center invites guests to travel back nearly 400 million years, when the land we now know as Michigan lay in a tropical, equatorial region—covered not by forests and lakes, but by warm, shallow seas. New Science Center at ARCH ROCK Highlights Ancient Geologic Journey

Through engaging exhibits and striking visual displays, the Science Center tells the story of plate tectonics, ancient climates, and the geologic processes that shaped Michigan’s unique landscape. Long before glaciers carved the Great Lakes, this region was part of a vast inland sea filled with coral reefs and marine life. Layers of limestone and dolomite—the same rocks that form Arch Rock—are evidence of this ancient tropical past. Visitors can touch fossils from the

Devonian Period, examine interactive models showing continental drift, and explore how Michigan slowly migrated northward over hundreds of millions of years. The center also explains how the last Ice Age sculpted the natural beauty of Mackinac Island, leaving behind striking formations like Arch Rock itself. The Science Center serves not only as a celebration of Mackinac Island’s natural wonders but also as a gateway to understanding Earth’s ever-changing surface. It's a reminder that even the

Arch Rock Nature Center

solid ground beneath us is in constant motion—and that Michigan's story is written in stone. Whether you're a geology enthusiast or a curious traveler, this new attraction offers a fascinating glimpse into another time.

2 | Volume 8 Issue 3

MEDICAL NEWS YOU CAN USE IN YOUR LAW PRACTICE

FAVORITE PLACES & EVENTS Revisited: Mackinac Island, Michigan

My husband and I spent a few days in July on Mackinac Island (before the Mackinac racing crowd). We so enjoyed biking 8.2 miles around the island and kayaking on Lake Huron with a guide during the sunset tour from 8–10pm. Can’t wait to return.

Sunset kayaking tour on Lake Huron off Mackinac Island

Professional Activities

Susan’s presentation topic at the Attorney’s Resource Conference August 12–14, 2025 in Detroit was Cancer Care Malpractice – Understanding the Issues. All around fabulous event!

ABOUT SUSAN HAIBECK: As a legal nurse consultant with cancer nurse specialist experience for over thirty years, Susan has analyzed oncology cases such as failure to diagnose, extravasation of chemotherapy and non-chemotherapeutic agents, failure to obtain consent for chemotherapy, radiation therapy and surgical oncology cases. Susan provides value and benefit to her attorney clients with comprehensive and efficient reviews of medical records, preparation of deposition questions and affidavits, coordinating a ‘Day in the Life Video’ to visually portray impact of injuries, locating expert medical witnesses, assisting in exhibit preparation, conducting medical literature searches and integrate the literature into case analysis, and providing additional legal nurse consultant services as requested. For a complimentary review of medical records for your case, contact Susan at (630) 750-5486 or email susan@haibeckandassociates.com The Legal RN Reporter Newsletter is a publication of Haibeck and Associates Legal Nurse Consulting. To subscribe, visit www.HaibeckAndAssociates.com This publication is for information purposes only and is not intended to be legal advice. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety. Design and publication by Zine (www.zinemarketing.com). Copyright 2025 by Haibeck and Associates Legal Nurse Consulting.

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INSIDE THIS ISSUE

▪ Misread CT Scan Leads to Catastrophic Spinal Injury: $15.5 Million Awarded to Estate of Medical Malpractice Victim ▪ Tragic Custody Death of Reneyda Aguilar-Hurtado Spurs $11M Settlement and Policy Reforms ▪ Summer Time Word Search ▪ Favorite Places & Events

Quote of the Month We cannot get a real satisfaction out of our work, unless we pause frequently, to ask ourselves why we are doing it, and whether its purpose is one (of which) our minds wholeheartedly approve. – Archbishop Fulton Sheen

Tragic Custody Death of Reneyda Aguilar-Hurtado Spurs $11M Settlement and Policy Reforms

On June 12, 2023, 50-year-old Reneyda Aguilar-Hurtado was found unresponsive in her cell at the DuPage County Correctional Center in Illinois. She was discovered during a routine check by a deputy around 9:35 a.m. and was rushed to Northwestern Medicine Central DuPage Hospital in Winfield, where she was pronounced dead a few hours later.

This case remains under scrutiny and represents a landmark wrongful death action tied to mental health negligence in custody.

Aguilar-Hurtado had been arrested on March 19, 2023, for a misdemeanor battery charge and was held on a $10,000 bond. On April 10, she was declared mentally unfit to stand trial due to schizophrenia, and a judge ordered her transfer to the Illinois Department of Human Services (IDHS) for mental health treatment. However, she remained in county custody for 85 days , reportedly because the state never assumed responsibility for her placement. During her detention, jail records and the ensuing lawsuit described alarming signs of severe medical and psychiatric distress. Aguilar-Hurtado was observed vomiting (sometimes with blood), bleeding from the mouth, refusing food and medication, and sitting in her own vomit and feces. A doctor’s initial note upon intake flagged agitation, hallucinations, and bizarre statements—including seeing a skull in a toilet. Despite weekly weigh-ins showing a 60-pound weight loss and repeated pleas from her daughter for help, she reportedly was denied water and required psychotropic medications.

A DuPage County medical examiner later ruled that Aguilar

Hurtado died from multiple organ failure , triggered by “failure to thrive due to a psychotic disorder” and medical neglect under custodial supervision. The federal civil rights lawsuit filed by her daughter and teenage son named the county, Sheriff James Mendrick, two registered nurses, one licensed practical nurse, a psychiatrist, a medical doctor, and six sheriff’s deputies, alleging constitutional violations and deliberate indifference to her serious medical needs. SETTLEMENT AND ACCOUNTABILITY In March 2025 , DuPage County agreed to an $11 million settlement , later approved by a federal judge on February 13, 2025 , ending the lawsuit filed by

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