FILED

FILED DATE: 4/29/2019 9:27 AM 2019L004516

4/29/2019 9:27 AM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL

2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
FILED DATE: 4/29/2019 9:27 AM 2019L004516
 FILED
4/29/2019 9:27 AM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 4/29/2019 9:27 AM 2019L004516

2019L004516

;
FILED DATE: 4/29/2019 9:27 AM 2019L004516
 FILED
4/29/2019 9:27 AM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 4/29/2019 9:27 AM 2019L004516

2019L004516

;
 FILED
4/29/2019 9:27 AM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 4/29/2019 9:27 AM 2019L004516

2019L004516

;
 FILED
4/29/2019 9:27 AM
Valerie Leopold DOROTHY BROWN
Leopold & Associates, LLC CIRCUIT CLERK
COOK COUNTY, IL
333 W. Wacker Drive, Suite 2000
FILED DATE: 4/29/2019 9:27 AM 2019L004516

2019L004516
Chicago, IL 60606

Re: Benjamin Ticho, M.D.

Dear Ms. Leopold,

I am a fully licensed physician in the area of ophthalmology. I am and have been in the
practice of ophthalmology during the last six years and am familiar with the standard of care
applicable to doctors and other medical providers for strabismus surgery and for surgical
removal of cysts, including conjunctival cysts. I have reviewed the medical records for Sutton
Dryfhout from her eye surgeries at Advocate Christ Medical Center, from The Eye Specialists
Center, and from subsequent treatment by Dr. Steven Lichtenstein. Based on a review of these
records, it is my opinion that there is a reasonable and meritorious cause for filing a complaint
against Dr. Benjamin Ticho and his employer, The Eye Specialists Center. My opinion is based
on the defendants’ unconsented and improper performance of surgeries on Sutton Dryfhout’s
right eye in the operating room and left eye in the PACU at Advocate Christ Medical Center on
August 21, 2017.

Based on my review of the records, it is my understanding that Sutton Dryfhout, age 19 at

the time, had left eye esotropia and a conjunctival cyst in her left eye. As indicated in the
surgical consent, anesthesiology consent and medical records, Sutton consented to Dr. Ticho
performing a left eye muscle revision and removal of a left eye conjunctival cyst. The record did
not appear to contain a preoperative consent signed by the patient for any surgeries on the right
eye. The left eye procedures were to be performed under general anesthesia in an operating
room. According to the record, a time-out was performed before the surgeries to verify that
these surgeries were to be done on the left eye. A check or debriefing was performed after the
surgeries confirming that these surgeries had been done on the left eye.

It was then discovered in the PACU when Sutton awoke from anesthesia and complained
of right eye pain, that in reality, the surgeries had been done on the right eye. No surgeries had
been done on the left eye. According to the record, Dr. Ticho then performed surgery, not under
general anesthesia, on Sutton’s left eye to remove the conjunctival cyst. This subsequent surgery
occurred in the PACU, an unsterile environment unequipped with sterile instruments or the
necessary precautions or personnel for this surgery. The record does not contain any consent
signed by Sutton for the right eye surgery in the operating room or for the left eye surgery to be
performed as it was in the PACU while not under general anesthesia. The Advocate Christ
records also indicate that Sutton was in the highest degree of pain, 10/10, for an extended period
of time in the PACU despite multiple doses of pain medication such as Fentanyl and Dilaudid.
The record also indicates that Dr. Ticho altered the consent form to reflect right eye surgery after
the surgery was complete. After the surgeries Sutton has diplopia (double vision) causing visual
problems and headaches. She also has a left eye conjunctival cyst.

EXHIBIT A
 It is my understanding that Dr. Ticho was acting as an employee of The Eye Specialist
Center in August, 2017 when he treated Sutton Dryfhout. Accordingly, The Eye Specialist
Center is responsible for the actions of its employee, Dr. Ticho.
FILED DATE: 4/29/2019 9:27 AM 2019L004516

Dr. Ticho and The Eye Specialist Center, through Dr. Ticho’s actions, violated the
applicable standard of care in many ways while Sutton Dryfhout was under their care in August
of 2017 including each of the following: failed to obtain a consent to operate on the right eye
prior to operating on the right eye; failed to properly participate in the timeout prior to surgery to
verify that the surgeries would be done on the correct eye, the left eye; failed to properly
participate in the debriefing after surgery to verify that the correct surgeries had been done on the
left eye; knowingly or with reckless disregard operated on the wrong eye in the operating room;
did not obtain any consent to operate on the patient’s left eye in the PACU; improperly
performed surgery in the PACU on the patient’s left eye; knowingly performed an unconsented
eye surgery on a conscious patient; performed an unsterile surgery on the patient’s left eye in the
PACU; performed surgery on the patient’s left eye in the PACU without general anesthesia; and,
failed to prepare an accurate report of operation for the surgeries performed on Sutton Dryfhout
on August 21, 2017.

As a result of the defendants’ actions in failing to properly inform and treat Sutton
Dryfhout on August 21, 2017, Sutton Dryfhout underwent unnecessary and unconsented surgery
on her right eye in the OR and unconsented and improperly performed surgery on her left eye in
the PACU. It is my opinion, based upon a reasonable degree of medical certainty, that the
foregoing acts and/or omissions were a proximate cause of the extreme pain recorded in the
PACU for Sutton Dryfhout and her resultant visual problems such as diplopia, consequent
headaches and recurrent left eye cyst. Please be advised that I reserve the right to update my
opinions based on the review of any additional information.

Sincerely,
 FILED
4/29/2019 9:27 AM
Valerie Leopold DOROTHY BROWN
Leopold & Associates, LLC CIRCUIT CLERK
COOK COUNTY, IL
333 W. Wacker Drive, Suite 2000
FILED DATE: 4/29/2019 9:27 AM 2019L004516

2019L004516
Chicago, IL 60606

Re: Colette Major, M.D.

Dear Ms. Leopold,

I am a fully licensed physician in the area of anesthesiology. I am and have been in the
practice of anesthesiology during the last six years and am familiar with the standard of care
applicable in eye surgery to anesthesiologists for providing general anesthesia; performing a
surgical time-out and de-briefing for surgical site accuracy; and administering and supervising
PACU care. I have reviewed the medical records for Sutton Dryfhout from her eye surgeries on
August 21, 2017 at Advocate Christ Medical Center. Based on a review of these records, it is
my opinion that there is a reasonable and meritorious cause for filing a complaint against Dr.
Colette Major and her employer, Midwest Anesthesiologists, Ltd. My opinion is based on the
defendants’ unconsented and improper participation in surgeries on Sutton Dryfhout’s right eye
in the operating room at Advocate Christ Medical Center on August 21, 2017.

As indicated in the surgical consent, anesthesiology consent and medical records, Sutton
consented to Dr. Major providing anesthesia services for a left eye muscle revision and removal
of a left eye conjunctival cyst. The record did not appear to contain any anesthesia consent
signed by the patient for any surgeries on the right eye. The left eye procedures were to be
performed under general anesthesia in an operating room. According to the record, a time-out
was performed before the surgeries to verify that these surgeries were to be done on the left eye.
A count or debriefing was performed after the surgeries confirming that these surgeries had been
done on the left eye.

It was then discovered by a nurse in the PACU when Sutton awoke from anesthesia and
complained of right eye pain, that in reality, the surgeries had been done on the right eye. No
surgeries had been done on the left eye. Then the eye surgeon, Dr. Ticho, performed surgery on
the patient’s left eye in the PACU without general anesthesia. It is the obligation of an
anesthesiologist to properly participate in the surgery, the pre-surgery time-out and the post-
surgery de-briefing to ensure that the correct consented to body part is actually operated upon. It
is a violation of the standard of care to permit or participate in an unconsented surgery on the
wrong body part.

It is my understanding that Dr. Major was acting as an employee of Midwest

Anesthesiologists, Ltd. in August, 2017 when she treated Sutton Dryfhout. Accordingly,
Midwest Anesthesiologists, Ltd. is responsible for the actions of its employee, Dr. Major.

Dr. Major and Midwest Anesthesiologists, Ltd., through Dr. Major’s actions, violated the
applicable standard of care in many ways while Sutton Dryfhout was under her care in August of
2017 including each of the following: provided general anesthesiology services for an
unconsented right eye surgery; failed to sufficiently participate in required procedures, such as

EXHIBIT B
 timeout, counts or debriefing, to help ensure that only the consented surgery is performed in the
operating room; provided general anesthesia services for unconsented right eye surgery;
permitted the wrong eye to be operated on while the patient was under general anesthesia; failed
FILED DATE: 4/29/2019 9:27 AM 2019L004516

to obtain any anesthesia consent for surgery on the patient’s right eye; failed to properly monitor
the patient’s PACU care and discover the surgical mistake; and failed to prepare accurate
anesthesiology charting and reporting for the surgeries performed on Sutton Dryfhout on August
21, 2017.

As a result of the defendants’ actions, Sutton Dryfhout underwent unnecessary and

unconsented surgeries on her right eye in the operating room and subsequent unconsented
surgery on the left eye in the PACU. It is my opinion, based upon a reasonable degree of
medical certainty, that the foregoing acts and/or omissions were a proximate cause of the
extreme pain recorded in the PACU for Sutton Dryfhout.

Please be advised that I reserve the right to update my opinions based on the review of
any additional information.

Sincerely,