Wrong Procedure, Negligence Led To Silver Cross CEO's Death: Lawsuit

CHICAGO — University of Chicago Hospital and one of its cardiac surgeons are being sued for negligence in the death of beloved Silver Cross Hospital CEO Ruth Colby.

Colby, 69, died last October following complications of a surgical procedure performed the month prior.

Keith A. Hebeisen, partner at Clifford Law Offices, on Feb. 14 filed a complaint naming both the hospital and Dr. Husam H. Balkby for negligence in his attempt to repair her heart valve on Sept. 25, 2023, according to a release from the law offices.

The complaint alleges that the doctor recommended a minimally invasive robotic heart valve procedure. Following the lengthy procedure, Colby was unable to transition off of bypass and suffered severe heart failure. She was transferred from the operating room to the intensive care unit in critical condition and died approximately three weeks later while still in the care of the defendants, it says.

"Our expert report states that Ms. Colby underwent the wrong procedure, which was negligently performed," Hebeisen said. "We intend to get to the bottom of what happened because Ms. Colby did everything as she was advised and relied on this hospital and its doctor to properly treat her condition without her dying."

David Chodak, Colby’s son, is the plaintiff and the executor of her estate. She is also survived by her husband Donald DeFrank.

Colby had served as chief executive officer of Silver Cross Hospital in New Lenox for six years. She was mourned by the community as a "visionary leader."

"Ruth was a true servant leader and a driving force in transforming Silver Cross from a community hospital to a regional medical center and nationally recognized healthcare brand," said Jean Kenol, chairman of the Silver Cross Board of Directors.

"She was an inspiration to us all, was beloved by our hospital community, and she loved them passionately in return. We will miss her terribly."

Under Colby’s leadership, Silver Cross opened Will County’s first and only Level 3 neonatal intensive care unit (NICU) in 2022 — the 24-bed Amy, Matthew & Jay Vana Neonatal Intensive Care Unit; introduced an open-heart surgery program in 2019, that is now one of the busiest in the State of Illinois; and championed the Midwest Institute for Robotic Surgery at Silver Cross in 2012, which is among the top three robotic surgery programs in the Midwest.

"Ruth was a visionary leader in every sense of the word," said A.J. Wilhelmi, president and chief executive officer of the Illinois Health and Hospital Association. "She was a force for positive change and truly a force of nature. She made so many valuable contributions to IHA. We will miss Ruth more than words can say."

New Lenox Mayor Tim Baldermann worked closely with Colby, and mourned her death.

"Ruth was a good friend of mine," Baldermann told Patch, "and a great leader in our community.

"Her passion for quality healthcare, and compassion for all people, was something to be admired."