Annie Cosby Oct. 22, 2014, 8:01am

The guardian of a disabled adult is suing over claims emergency department staff failed to properly diagnose and treat the patient.

Marilyn Deering, as co-guardian of Justin Mroz, filed a lawsuit Oct. 7 in Cook County Circuit Court against Advocate Health and Hospitals Corp., doing business as Advocate Illinois Masonic Medical Center, Chicago IMMC--Emergency Medicine, and Dr. Randy Herbert, alleging medical negligence.

According to the complaint, Mroz experienced paranoid delusions, anxiety, tremors and confusion after he had stopped drinking alcohol four days previously and went to Advocate's emergency department on Dec. 16, when he came under the treatment of Herbert.

Deering claims staff administered a few doses of Atvian IVP throughout that morning, before he became unstable and pulseless.  After staff commenced CPR, administered epinephrine and successfully intubated him, the suit states his pulse was regained, but that he had to be placed on a ventilator and admitted to the ICU.

According to the lawsuit, Mroz suffered an anoxic brain injury following cardiopulmonary arrest on Dec. 27 and on Dec. 31, 2013,the staff gave him a poor prognosis for functional recovery.

Deering accuses the defendants of failing to appreciate the significance of Mroz's delirium tremors, documenting the Atvian doses given, chart multiple intubation attempts and properly intubate Mroz, among other claims.

She is seeking more than $50,000 in damages and is represented by attorney Ryan E. Yagoda of Kralovec, Jambois and Schwartz in Chicago.

Cook County Circuit Court case number: 2014L010415.

This is a report on a civil lawsuit filed in Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it only represents one side of the story.

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