Mark Smith

Mark Smith is a trial lawyer whose practice is concentrated in the defense of complex medical malpractice matters. He has over thirty years of experience representing health care professionals and organizations. He has tried more than sixty cases to jury verdict. Mr. Smith is a steadfast advocate for physicians, hospitals, nurses, and other health care professionals, aggressively and efficiently building a defense and meeting the many professional and emotional needs of each individual client.

 

​Among all his clients, peers, and opposing counsel, Mr. Smith enjoys a reputation for an aggressive, creative, and fair approach to every case. He never loses sight of the best interests of the people whom he represents or of the obligation to respect the rights of those who bring claims against them. That combination has been the secret to his success. 

 

The following is a representative list of Mr. Smith’s verdicts:

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• Lead Counsel for hospital and two nurses.  Tried February, 2024 in the Circuit Court of DuPage County.  Plaintiff alleged failure to accurately interpret fetal heart monitor strips showing signs of fetal distress which resulted in passage of and aspiration of meconium deep into the lungs such that it prevented resuscitation at delivery and caused fetal demise.  Verdict: For the Defense.

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• Lead Counsel for an obstetrician.  Tried in October and November of 2023 in the Circuit Court of Cook County.  Plaintiff alleged failure to diagnose and treat sepsis three days following C-section delivery of full-term infant.  Resulted in death of 19-year-old mother.  Verdict: For the Defense.

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• Lead Counsel for a tertiary care center, two maternal fetal medicine specialists, one obstetrical resident and two nurses.  Tried in August and September of 2023 in the Circuit Court of Cook County.  Plaintiff alleged a failure to diagnose and properly treat pre-eclampsia leading to HELLP Syndrome, maternal seizure and emergent Cesarean Section resulting in cognitive deficits in both mom and baby.  Verdict: For the Defense.

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• Lead Counsel for a large hospital and its labor and delivery nurses.  Tried October and November of 2022, in the Circuit Court of Cook County.  Plaintiff alleged negligent administration of ampicillin to a pregnant woman who reported an allergy to ampicillin, resulting in an allergic reaction, which lead to premature labor and delivery of twins, one of whom died thirty days later and the other who survived with alleged profound deficits.  Verdict: For the Defense.

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• Lead Counsel for a Hospitalist and his group.  Tried in March and April 2022, in the Circuit Court of Cook County.  Plaintiff alleged the Hospitalist was negligent when he failed to timely start the patient on pharmacologic deep venous thrombosis (DVT) prophylaxis and failed to order continuation of pharmacologic prophylaxis when she was transferred to subacute rehabilitation. She subsequently developed DVT and received treatment with tPA which was complicated by bleeding in the brain and devastating cognitive deficits.  Verdict: For the Defense.

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• Lead Counsel for a Radiologist.  Tried in August 2022, in the Circuit Court of Will County.  Plaintiff alleged the defendant radiologist failed to timely recommend open biopsy of breast tissue after unsuccessful stereotactic biopsy, leading to delayed diagnosis, brain metastasis and death, leaving two surviving minor children.  Verdict: For the Defense.

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• Lead Counsel for an Obstetrician/Gynecologist.  Tried in May 2019 in the Circuit Court of Cook County.  In this medical malpractice matter, the Plaintiffs claimed the defendant OB/GYNE was negligent when she allegedly applied excessive traction to deliver a posterior shoulder to resolve dystocia, resulting in avulsion of the brachial plexus nerves with severe and permanent disability.  Verdict: For the Defense.

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• Lead Counsel for a neurologist.  Tried in March 2019 in the Circuit Court of Cook County.  The Estate of a 23-year-old woman claimed all defendants failed to consult with a gastroenterologist to evaluate GI symptoms and history during admission for mental status changes and other neurological signs and symptoms, leading to her death from a perforation of her duodenum.  Verdict: For the Defense.

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• Lead Counsel for an obstetrician, a certified nurse midwife and their group.  Tried in June 2018 in the Circuit Court of Kankakee County.  In this medical malpractice action, the plaintiff alleged failure to timely intervene with Cesarean section during the second stage of labor, resulting in death of a newborn due to hypoxic ischemic encephalopathy.  Verdict: For the Defense.

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• Lead Counsel for a hospitalist and his group.  Tried November-December, 2017 in the Circuit Court of Cook County.  The decedent’s estate claimed all defendants failed to consult a cardiologist to evaluate this 61-year-old patient’s idiopathic left ventricular tachycardia while hospitalized for diagnosis and treatment of Still’s Disease.  One day after discharge, the patient was found unresponsive, was resuscitated, and suffered ischemic encephalopathy and severe disabilities until his death.  Verdict: For the Defense.

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• Lead Counsel for cardiothoracic surgeons and their practice.  Tried January 29, 2015 – February 11, 2015 in the Circuit Court of Cook County.  This was a medical malpractice case alleging two cardiothoracic surgeons failed to timely diagnose and treat aortic dissection, which occurred as a complication of the patient’s quadruple coronary artery bypass grafting procedure.  The decedent suffered the devastating effects of a dissection-related embolus in his superior mesenteric artery and died.  The plaintiff asked the jury to award $3,497,000.00. Verdict: For the Defense. (One of the surgeons was voluntarily dismissed three days after the start of the trial.)

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• Lead Counsel for internist.  Tried August 25, 2014 – September 3, 2014 in the Circuit Court of Cook County.  This was a medical malpractice case alleging negligence by an internist who unintentionally provided a toxic substance (selenium) to the patient, a pregnant mother, rather than the dietary supplement he intended to provide.  The young woman endured acute illness and hospitalization and thirty-two weeks later gave birth to a son, whom plaintiff claimed suffered neurologic injury as a result of selenium poisoning.  Plaintiffs asserted claims for pain and suffering, lost wages, loss of society, post-traumatic stress disorder and permanent injuries to the child. They asked the jury to award $5,164,496.00.  The defense offered $750,000.00 pre-trial and admitted liability, suggesting to the jury the appropriate award should be $250,000.  Verdict:  for the Plaintiff, in the amount of $415,000.00.

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• Lead Counsel for internist.  Tried November 1, 2013 – November 13, 2013 in the Circuit Court of Cook County.  This was a medical malpractice case alleging the internist was negligent for failing to return pages and timely respond to GI bleeding in the 51-year-old patient nine days after admission for treatment of ischemic stroke.  Plaintiff alleged as a result, the stroke expanded and caused death.  He was survived by his wife and two minor children.  Verdict: For the Defense.

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• Lead Counsel for obstetrician/gynecologist.  Tried March 6, 2012, in the Circuit Court of Cook County.  This was a medical malpractice claim in which plaintiff alleged the obstetrician failed to timely diagnose placental abruption and perform emergency C-section.  The plaintiff’s child was stillborn after vaginal delivery.  Plaintiff asked the jury to award in excess of $5,000,000.  Verdict: for the Plaintiff, in the amount of $350,000 (no payment of indemnity required due to $850,000 set-off from prior settlement with the hospital).

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• Lead Counsel for cardiologist.  Tried October 2010, in the Circuit Court of Cook County.  This was a medical malpractice claim alleging failure to obtain informed consent for and negligent performance of angioplasty on a 48-year-old male Chicago firefighter and father of two children, who suffered from dissection of his right coronary artery during the procedure and two subsequent myocardial infarctions leading to the need for heart transplantation five years later and permanent disability.  The plaintiff asked the jury to award $10,000,000 to $16,000,000.  Verdict: For the Defense. 

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• Lead Counsel for emergency physician.  Tried September 9-September 17, 2009, Circuit Court of Cook County: Medical Malpractice case alleging failure to timely diagnose pneumonia in 21-year-old woman with Downs Syndrome, who passed out and presented in the ER with hypoxia three days after tonsillectomy and uvuloplasty to correct chronic sleep apnea.  She returned to the ER two days later, at which time the diagnosis of pneumonia was made and she was admitted, but later died from alleged complications of her pneumonia.  Verdict: For the Defense.

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• Lead Counsel for gastroenterologist. Tried June 11, 2007-June 29, 2007, Circuit Court of Cook County: Medical Malpractice case alleging failure to diagnose perforation of a duodenal ulcer in a timely manner resulting in sepsis-related complications of hypoxia and stroke resulting in disabling brain injury.  The Hospital defendant paid $5.25 million dollar settlement post-trial pursuant to a "high/low" agreement.   Verdict:  For the Defense.

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• Lead Counsel for internist.  Tried April 9, 2007-April 17, 2007, Circuit Court of Cook County: Medical Malpractice case alleging failure to diagnose pelvic tumor/squamous cell carcinoma resulting in death of thirty-four-year-old mother of two minor children.  Verdict: For the Defense.

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• Lead Counsel for an allergist, two pulmonologists and their practice group. Arbitrated March 15, 2004 - March 19, 2004 and June 10, 2004 - June 13, 2004 before American Health Lawyers Association Panel of Arbitrators: Breach of Contract and Fraud Action alleging physicians and their group provided numerous diagnostic and therapeutic services which were not medically necessary and systematically upcoded E&M levels for office visits for 2,256 patients over a five year period.  Arbitrators' Award: For the Defense With Award of Attorneys' Fees in Favor of the Physicians and their group.

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• Lead Counsel for Family Practitioner. Tried February 7, 1997 ‑ February 20, 1997, Circuit Court of Cook County: Medical Malpractice case involving allegations of failure to diagnose and treat fetal distress resulting in the stillbirth of an infant. Verdict: For the Defendant.​​​​​​​​​​​​​​​​

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For a full list of Mark Smith's trial verdicts, click here.