Illinois Medical Malpractice Legal Questions

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79 legal questions have been posted about medical malpractice by real users in Illinois. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.
Illinois Medical Malpractice Questions & Legal Answers - Page 2
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Recent Legal Answers

breast cancer

Answered 12 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It sounds like you have reason to investigate a case. The question will be who made the diagnostic error. It could be the radiologist, a pathologist, or someone else. An attorney will have to obtain the pertinent medical records and examine them. He will also have to get a radiologist to review any radiographic studies.  If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read More
It sounds like you have reason to investigate a case. The question will be who made the diagnostic error. It could be the radiologist, a pathologist,... Read More

Can I still sue for medical malpractice?

Answered 12 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Complex regional pain syndrome can occur in the absence of negligence.  Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More
Complex regional pain syndrome can occur in the absence of negligence.  Click here for a website that provides a rough estimate of the statute... Read More

How do I find attorney?

Answered 12 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
A have no idea whether you have a viable case on the fact you provided. You do need to find an attorney in IL to take the case if you have one.  You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
A have no idea whether you have a viable case on the fact you provided. You do need to find an attorney in IL to take the case if you have... Read More

can i sue a hospital for medical bills from a nother hospital

Answered 12 years and 9 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
One-sided weakness and slurred speech are hallmark signs of a stroke, so it is hard to understand why he was not evaluated for that problem. If his heart was causing blood clots and it had a hole in it, it sounds like he had endocarditis. The heart pathology should have been distinguishable through a murmur and an echocardiogram. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.   ... Read More
One-sided weakness and slurred speech are hallmark signs of a stroke, so it is hard to understand why he was not evaluated for that problem. If his... Read More

Do I have a case for medical malpractice?

Answered 12 years and 10 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You may have a case worth investigating, it depends whether the inflamed pancreas in the radiograpic study  was actually evidence of cancer (or whether there was evidence of cancer in some other film that was missed) and whether earlier intervention would have changed the outcome.  The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
You may have a case worth investigating, it depends whether the inflamed pancreas in the radiograpic study  was actually evidence of cancer (or... Read More

Can I sue if my doctor because didn't take me off my aspirin maintenance prior to surgery?

Answered 12 years and 10 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Assuming the failure to take you off of the asprin was negligence, you probably still do not have a financially viable case. The articles below address this issue.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
Assuming the failure to take you off of the asprin was negligence, you probably still do not have a financially viable case. The articles below... Read More

MY DR GAVE ME DEPO VERA AFTER HE DID A PELVIC EXAM AND ANNUAL PAP SMEAR. HE FAILED TO SEE I WAS OVER 4 MONTHS PREGNANT AND GAVE ME DEPO VERA SHOT !!.

Answered 12 years and 11 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
The doctor should have given you a pregnancy before providing you with the first injection of Depo-Provera. If he failed to do this, he was negligent. A possibility is that he performed the test and it was a false negative. Pregnancy tests do not always detect pregnancies less than two weeks old, so if you had unprotected sex in the two weeks leading up to the first shot, that is a possibility. At the same time, he should have asked you this question so that he understood whether the test was accurate.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.   ... Read More
The doctor should have given you a pregnancy before providing you with the first injection of Depo-Provera. If he failed to do this, he was... Read More

Is it possible to sue a major hospital if I went in with one issue and was discharged with two severe issues? Thank you.

Answered 13 years and a month ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I can't provide you with an answer to your question because there are not enough facts. Obviously, an unexpected outcome is the first thing that leads a patient to seek out a lawyer to investigate a medical malpractice lawyer. Not all unexpected outcomes are the result of neglience, however. Finally, it is always possibe to sue a hospital, but the question lawyers ask when you call them is whether it is likely that a lawsuit will result in a recovery.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
I can't provide you with an answer to your question because there are not enough facts. Obviously, an unexpected outcome is the first thing that... Read More

my mom suffered burns to her leg she was admitted to the hospital and discharged the following day. After going to wound care I was told she should ha

Answered 13 years and a month ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Hospital emergency rooms and operating rooms contain elelments that can cause fires, and burns occuring during surgery are relatively frequent.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read More
Hospital emergency rooms and operating rooms contain elelments that can cause fires, and burns occuring during surgery are relatively... Read More

Do I have a possible Lawsuit?

Answered 13 years and a month ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I am sorry to hear about this.  I recommend looking into filing a complaint against the rehab/nursing home with the State Board of Medical Licensure.   Here is a link which will assist you with that process if you decide to do such:  http://www.idfpr.com/Consumers.asp Also, it would be beneficial to discuss with your family and the rehab/nursing home at length as to who is to be contacted with these issues.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More
I am sorry to hear about this.  I recommend looking into filing a complaint against the rehab/nursing home with the State Board of Medical... Read More

Prisoner treated wrongly.

Answered 13 years and 2 months ago by Michael Clancy (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I'm sorry to learn of your loved one's troubles.  It is possible to sue employees of the DOC and the health care providers (which I believe are private contractors).  The problem is that bringing suit is expensive and risky, and a scar on a lip doesn't sound like it is likely to generate the possibility of a verdict large enough for most lawyer to take the risk.  Nevertheless, your best option is to speak with a lawyer who handles these types of claims, let him or her gather the information necessary to make a decision about whether to take the case, and then go from there. I wish you the best of luck. Michael Clancy... Read More
I'm sorry to learn of your loved one's troubles.  It is possible to sue employees of the DOC and the health care providers (which I believe are... Read More

Do i have a case Malpractic

Answered 13 years and 2 months ago by Joseph Michael Dooley III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Ms. Baxter,   This one really cannot be answered without reviewing the medical records. I would need to know more about your presenting conditions and the consent you signed for the surgical procedure. The nicked spleen raises a red flag but is not automatically malpractice. I am happy to review your records and give a free consultation. Contact me at 312-236-7282 Thank you Joe Dooley  ... Read More
Ms. Baxter,   This one really cannot be answered without reviewing the medical records. I would need to know more about your presenting... Read More

Can i sue? After tubal ligation had an eptopic pregnancy!

Answered 13 years and 2 months ago by Joseph Michael Dooley III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Ms. Contreras, This scenario raises some complicated legal questions involving a tubal ligation procedure that occurred 7 years before the tubal pregnancy(Statute of Limitations) and the removal of a fallopian tube you did not want to lose(informed consent). I cannot address these fully here. I would like to talk to you.   Please call me to discuss this further.... Read More
Ms. Contreras, This scenario raises some complicated legal questions involving a tubal ligation procedure that occurred 7 years before the tubal... Read More

Failure to properly treat or diagnose a stroke

Answered 13 years and 2 months ago by Joseph Michael Dooley III (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Ms. Fant, The only answer I can give you without reviewing the records is that it depends on several things that would need to be investigated in the records. However, in Illinois you have 2 years from the date that you knew or should have known that malpractice occurred causing injury and no more than 4 years from the date the malpractice occurred causing injury. Therefore it appears from the facts given ( 4 years ago) that you are barred from filing suit because the Statute of Limitations has run. If you would like to talk further feel free to give me a call. Thank you,   Joe Dooley... Read More
Ms. Fant, The only answer I can give you without reviewing the records is that it depends on several things that would need to be investigated in... Read More

I tore my ACL on thanksgiving was supposed to have surgery now the dr won't answer or return my calls

Answered 13 years and 2 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I am sorry to hear about this.  I recommend finding a new doctor who can give you the proper treatment and attention that you require.  There is really  no way to make a doctor treat you and if the doctor you are currently trying to get in touch with is ignoring you, I would suggest that you move on and try to find one who will treat you properly.  Request your medical records from the old doctor and find a new one.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More
I am sorry to hear about this.  I recommend finding a new doctor who can give you the proper treatment and attention that you require. ... Read More

can you sue for wrong diagnosis?

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You could sue, but not every false positive is the result of negligence. Additionally, when you claim that a misdiagnosis caused a plaintiff to engage in other reckless behavior, it is sometimes difficult to prove causation.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
You could sue, but not every false positive is the result of negligence. Additionally, when you claim that a misdiagnosis caused a plaintiff to... Read More

Do I gave a good case to sue my podiatrist?

Answered 13 years and 3 months ago by attorney James P. LeFante   |   1 Answer   |  Legal Topics: Medical Malpractice
Based on the facts you described it appears your podiatrist committed malpractice.  To file a lawsuit you must have your records reviewed by another podiatrist to give you a certificate of merit.  Whether an attorney will pursue the case will depend on your injuries and medical bills.... Read More
Based on the facts you described it appears your podiatrist committed malpractice.  To file a lawsuit you must have your records reviewed by... Read More

Do I have a case against a doctor who didn't aggressively treat my leaky heart valve?

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If earlier intervention would have resulted in a materially different outcome, then you may have a medical malpractice case worth investigating. It sounds like what you learned after obtaining a second opinion suggests that more could have/should have been done, but the underlying assumption is that the valves were leaking when the first doctor was treating you. That is possible, but to know for sure an attorney will have to obtain the pertinent medical records and the results of any diagnostic studies that were performed on your heart.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
If earlier intervention would have resulted in a materially different outcome, then you may have a medical malpractice case worth investigating. It... Read More

is this consider murder and what can i do

Answered 13 years and 4 months ago by attorney James P. LeFante   |   1 Answer   |  Legal Topics: Medical Malpractice
What you describe may have been medical malpractice but it is not criminal (murder).  Unfortunately there is a 2 year statute of limitation and therefore you cannot take any civil legal action.
What you describe may have been medical malpractice but it is not criminal (murder).  Unfortunately there is a 2 year statute of limitation and... Read More

My sister is comatose and ventilator dependent after being discharged from the hospital 3 days before .

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Obviously, if everything you say is correct, then your sister received negligent care. Things tend to be a little more complicated than this in my experience though. If you want to investigate a medical malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
Obviously, if everything you say is correct, then your sister received negligent care. Things tend to be a little more complicated than this in my... Read More

can I sue for a misdiagnosis that resulted in the removal of my thyroid, which paralyzed my right vocal cord ?

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I think that damage to vocal chords during thyroid surgery might be defensible as an accepted complication of the surgery, but if you can prove that the decision to go ahead with the surgery was negligent, you may be able to overcome that problem. At face value, it seems like it is going to be a difficult case because whenever there is a debate about whether to be proactive in the face of a potential diagnosis of cancer, err on the side of caution is the decision that makes the most sense intuitively. Also, the fact that the surgery was stopped because you had a very form of thyroiditis argues against a conclusion that cancer should not have been in the differential diagnosis.  If you do want to investigate a medical malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
I think that damage to vocal chords during thyroid surgery might be defensible as an accepted complication of the surgery, but if you can prove that... Read More

what can a person do if while in the hospital they are given medication they are allergic to?

Answered 13 years and 5 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It would depend on what kind of damages you had as a result to the allergic medication.  Did you take the medication?  Did you have a reaction? Did the doctor/hospital know you were allergic to this medication?  Did you know you were allergic to this medication?  More information is needed.  But, generally, you would have to have had some type of reaction which resulted in monetary damages and it would have to be determined whether the doctor/nurse/health care provider's act in giving you the allergic medication fell below the standard of care.  That will depend on the facts of your potential case along with state law.  In addition, medical malpractice cases usually require the hiring of an expert witness.  If  you believe that you have a viable case, I recommend getting your medical records related to this and then calling attorneys to see if you can get a free consultation.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relation exists or is formed by this response. ... Read More
It would depend on what kind of damages you had as a result to the allergic medication.  Did you take the medication?  Did you have a... Read More

Will i being doing myself harm by tring to sue a doctor from same medical building that i will have to keep going to now.How do i start?

Answered 13 years and 6 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You may have a viable medical malpractice case if you can prove that the failure to diagnose the condition was a breach of accepted standards of care. I would think that the e.coli infection should have raised the index of suspicion for that diagnosis.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read More
You may have a viable medical malpractice case if you can prove that the failure to diagnose the condition was a breach of accepted standards of... Read More
My advice would be to talk with an experienced medical malpractice lawyer in Illinois. He or she can evaluate your potential case and advise you of your legal options.  Most medical malpractice attorneys offer free initial consultations and work on a contingent fee basis, so there is no risk in calling to discuss your potential case. Please note, there are time limitations for filing a medical malpractice lawsuit, so I recommend contacting an attorney as soon as possible to review your case. Sincerely,Steve LevinLevin & Perconti325 North LaSalle Street Suite 450Chicago, IL 60654312-332-2872 questions@levinperconti.comwww.levinperconti.com  ... Read More
My advice would be to talk with an experienced medical malpractice lawyer in Illinois. He or she can evaluate your... Read More
The short answer to your question is not necessarily.  There are a number of reasons your new knee might be unstable-- some of these could be related to medical negligence and others are not.  The only way to know for sure is to get your medical records (and the imaging studies too) into the hands of competent med mal lawyer and let him or her evaluate your case. I think it makes sense for you to be worried about trusting the same doc.  Head to a large, university-based medical center and get evaluated there-- these are the places that spend a fair amount of their time fixing things that have gone well elsewhere.  You might not like the travel, but it's likely to be worth it in terms of expertise. I wish you the best.... Read More
The short answer to your question is not necessarily.  There are a number of reasons your new knee might be unstable-- some of these could be... Read More