A medical malpractice lawsuit has been filed in Cook County, Illinois, involving a patient who claims to have suffered severe complications following a surgical procedure. The plaintiff, Kevin Berner, filed the complaint on April 8, 2025, against Dr. Brian Christopher Toolan and several associated medical entities including Midwest Physician Administrative Services LLC, Chicago Prostate Cancer Surgery Center LLC, and others.
The case centers around a surgical procedure that took place on April 12, 2023. According to the complaint, Berner underwent surgery at Duly Surgery Center Westmont to remove a ganglion cyst from his right leg. However, during the operation performed by Dr. Toolan, the cyst was not located or removed as planned. Post-surgery complications included drop foot and numbness in Berner's right foot due to nerve damage allegedly caused by the failed procedure.
Berner accuses Dr. Toolan and Poojan Nilesh Patel, a physician assistant involved in his care, of negligence for failing to provide adequate preoperative testing and postoperative care. The lawsuit alleges that these failures led to ongoing pain and disability for Berner. "The defendants failed to ensure that sufficient preoperative testing such as an EMG was performed," states the complaint.
The plaintiff is seeking damages exceeding $50,000 for each count of negligence alleged against multiple defendants including Duly Health and Care of Northern Illinois and Illinois Orthopedic Network PLLC. The lawsuit highlights various breaches of duty by these entities in ensuring proper medical standards were met during Berner's treatment.
Representing Kevin Berner is attorney Jason R. Williams from Smith Lacien LLP. The case is being heard under Case No. 2025L004793 in the Circuit Court of Cook County’s Law Division with Judge Mariyana T. Spyropoulos presiding over the proceedings.