Illinois Medical Malpractice Legal Questions

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 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

I recommend that you contact an Illinois medical malpractice lawyer to set up a consultation to discuss your case.  During this call or meeting, he or she will ask you questions about your case to help you determine if there is a potential cause of action.  Please be reminded that there is a statute of limitations for filing medical malpractice lawsuits in Illinois, so you should contact an attorney as soon as possible to evaluate your case.  Best of luck, Steve LevinFounding PartnerLevin & Perconti325 N. LaSalle St. Suite 450Chicago, IL 60654Phone: 312-332-2872Toll-free: 877-374-1417Email:questions@levinperconti.com To learn more about our firm, visit www.levinperconti.com  ... Read More

Cutting a nerve during surgery may be medical malpractice but sometimes it is an accepted complication of the surgery. To know for sure, your case has to be reviewed by an expert.  Contact a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. 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.  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's hard to tell.  There are 2 issues-- whether a lawyer can get an expert radiologist to say that the first reading was below the standard of care and whether the delay in treatment has made the problem worse or harder to repair.  The only way to answer these questions is to consult with a lawyer who does medical malpractice cases.  He or she will either have you gather your records or gather them for you and then consult with experts.  While I know that it seems open and shut because of what the new doctor has said, my experience is that doctors frequently say things to patients that they won't repeat on the stand.  This means that it's almost certain that your expert will have to hire an expert to look at the films and talk about how the delay impacted you.... Read More

Nerve entrapment following ankle surgery can be (but is not necessarily) the result of negligence. To know for sure, the records will have to be reviewed.  You should contact a local medical malpractice attorney. Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions.  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.  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

As indicated by the other attorney, it is difficult to answer your question based on the information provided. If your harm was limited to being unconscious for three days you probably do not have a financially viable case.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. The article discusses financial viability.  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

The most honest answer I can give you is maybe.  In order for a lawyer to properly evaluate your potential case, he or she will need to look at your medical records.  In your case, this would include the records of the doctor who did the first surgery, the sleep study results, and the records of your primary care doctors.  The records are necessary because the lawyer will need a letter from a expert in order to file your case, and s/he won't be able to get this letter without the records.  He or she also need to evaluate the case to make sure that the case has enough value to make up for the fact that medical malpractice cases are really expensive to work up and try. I urge you to see a lawyer quickly-- even if you don't have the records, he or she may be willing to help you gather them.  A statute of limitations applies to your case and, although I don't have enough information to know what that statute date is, I know that there's nothing to be gained by waiting.  I wish you the best of luck.... Read More

You do have a cause of action for malpractice if you underwent unnecessary surgery for cancer that you did not have. Whether the misdiagnosis was a breach of accepted standards of care is something that can only be answered by a pathologist who looks at the slides. You should contact a local medical malpractice attorney who can investigate the case for you. These cases are usually taken on a contingency basis, and the first consultation is free.  A big question is whether you have a financially viable case. Click here for an article that discusses that issue.  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 certainly sounds like the dental office does not have their act together if it took months rather than weeks for them to arrange for the permanent crown, which they eventually lost. At the same time, did you advise somebody that your temporary crown fell off? When you went into the office in May 2012 did they suggest the temporary crown be placed until the permanent crown was ready? If not, I would suggest you speak to the dentist directly and offer to pay for the costs of the initial crown with the understanding that his office would be responsible for covering the costs of pulling the tooth and anything over and above the initial costs related to the bridge. If you can't work out a deal like this, you could consider suing the dentist for malpractice but that process is going to take years to complete. As a general rule, my office does not take dental malpractice cases because the expense and time involved in prosecuting these cases usually isn't worth it. A local attorney might be able to help you.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.... Read More

I'm sorry to hear that someone close to you is going through this.  Unfortunately, an experience med mal lawyer will need more information to tell if this is a case or not.  The usual course is for you to find an experienced lawyer near you and meet with them.  They will usually either gather the relevant medical records or have you gather them and then review them.  If it looks like there is something there, the records will be sent out to an expert (in this case probably an OB) to see if he or she thinks that the first doctor made a significant mistake.  While I know from my experience that it isn't always negligence to leave some portion of the placenta behind, sometimes it is-- the only way to know for sure is to gather the records and look at the totality of the circumstances. Find a lawyer and speak with them.  There is no reason to wait-- there is a time limit which applies to suits like this, so sooner is better than later.  I hope she recovers completely and I wish you the best of luck with the case.... Read More

I'm sorry to hear about your sister's death. I am afraid that there just isn't emough information in your email to tell you whether or not your sister's estate has a claim.  It isn't that you haven't described the situation well enough, it is just that in order to evaluate a medical malpractice case like this a lawyer needs the kind of detailed information that you can only get from the patient's medical records.  My suggestion is to consult with a lawyer who is experienced in medical malpractice cases.  He or she will detail what information they need and will work with you to obtain it.  The lawyer will review the informatio which is gathered from the records and a careful interview, and then he or she will let you know whether they think your sister's estate has a claim.  Because there are time limits on cases like this, I urge you to contact a lawyer right away-- waiting too long might result in the case being time barred. I wish you the very best.... Read More

It is hard to answer your question two way it is phrased. It sounds like you believe that your brother died as a result of medical malpractice but that pertinent facts related to this event were removed from medical records.  I don't know why you believe this, but you should contact a local medical malpractice attorney who can investigate the case.  It has been my experience that when doctors falsify records in the majority of cases this is easy to prove. Click here for an article that provides seven reasons why falsification of records does not pose a major problem in medical malpractice litigations. 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

Dear Anonymous: I'm sure you must be going through extremely difficult times, and I'm sorry you have to do that. The question of whether or not you might be able to establish a basis for a malpractice case depends on a few factors that beg the question of whether it is worthwhile to bring one. Technically, you have to prove that the health care provider failed to possess and exercise that degree of care, skill and expertise which would have been possessed and exercised by a reasonably prudent practitioner under the same or similar circumstances. That is the negligence or "malpractice" part of the equation.  You also have to prove that that negligence was the cause of your injuries. If you can prove both of those elements, then you have proven the technical requirements to bring a case. However, these are very expensive cases to bring, and the damages that were caused by the negligence must be substantial enough to justify the kind of award that would justify the costs of prosecuting such a case. In most medical malpractice case situations, the patient-plaintiff bringing the action often has litigation-related expenses of at least $40,000-$50,000, and oftentimes MUCH more. In your case, from the facts you've given, it is hard for me to say if your damages are extensive enough or not to justify bringing a case. I would need to know a great deal more about your economic losses that resulted, the impact on your health, the delay of the lung cancer management and what that has caused in terms of your prognosis, and more.... ... Read More

The short answer is maybe.  In order to know for sure, you'll need to gather your son's dental records from the old orthodontist and the new one and take them to a lawyer who specializes in medical/dental malpractice cases.  He or she will look over your records and let you know whether it looks like you have a case.  If you do have a case, you can't get attorney's fees, but you can recover the cost of any treatment which is necessary to fix the mistakes of the first orthodontist along with pain and suffering and something Illinois law calls "loss of a normal life".  I wish you the best of luck.... Read More

The short answer is maybe-- it depends where the mass was in relation to the implant and other details of the procedure.  Even if the answer is yes, you might have a problem because med mal cases are expensive to move forward (mostly because you have to hire expensive experts right at the start of the case) and your case might not have enough value to support the costs and fees.  The only way to know for sure is to gather your records from both the surgeon who removed the breast mass and your augmentation surgeon who discovered the leak and call a lawyer who does med mal work and let him/her take a look and let you know what they think-- there shouldn't be a charge for case review. Good luck.    ... Read More

If you think that your claim is one that is against the drug manufacturer, those cases aren't just complicated-- they're extremely expensive.  Look for a lawyer that has other cases involving the same drug.  In these cases, it isn't nearly as important where the lawyer practices--he or she could be in New Jersey or LA-- what's important is that the lawyer knows the drug and has other similar cases. Best of luck.... Read More

You should call or email a birth injury lawyer in Illinois to further discuss your case. During the initial consultation, he or she can ask you questions about when/where your child was born, the extent of your child's injuries, etc. to help determine if you have a potential case against the physician and/or hospital. Please note that there are time limitations for filing medical malpractice lawsuits in Illinois, so you should contact an attorney as soon as possible to evaluate your case. Sincerely, Steven LevinLevin & Perconti325 N. LaSalle St. Suite 450Chicago, IL 60654312-332-2872questions@levinperconti.comwww.levinperconti.com ... Read More

The short answer to your question is that the hospital probably should have x-rayed your foot, but your case has some potential challenges.  The biggest will be proving whether and how walking on it for four weeks made it worse.  In a med mal case, you're only entitled to damages which result from the mistake.  In your case, the mistake didn't cause you to have a broken ankle, it delayed your treatment.  Without an earlier x-ray, it may be hard for an expert to differentiate the damage you did initially from the damage you may have done walking around on it. In any event, the only way to know for sure is to gather you records (both from the ER and the new doctor after your MRI and surgery) and take them to a med mal lawyer to have them reviewed.  You'll need copies of the MRI and x-ray too, so you might ask the MRI place to make you an extra while you're there-- most places will do it for free.  I wish the best for a speedy recovery.... Read More

Assuming that your daughter is 18 or older, you probably can't but she most likely can.  The problem will be determining the cause of the salmonella-- because salmonella poisoning is almost always food-borne, there are almost always multiple victims.  This makes it easier to pinpoint the cause because you can figure out what foods the sick people have in common.  If no one around your daughter has salmonella poisoning, I worry a little that the most likely cause is some source which only she has access to-- like leftovers or something.  Nevertheless, she (or the two of you together) should speak with a lawyer in the state where she goes to college right away.   I hope she feels better soon.  Best of luck. ... Read More

All lawsuits have a statute of limitations.  Most do not allow a suit to be filed if it is more than 7 years old. If you knew about the incident 30 years ago when it happened, your statute of limitations would be even shorter.  Each state has different laws regarding this.  In order to prove you woke up during a surgery it would have to state such in your medical records.  Finally, you would need to have some sort of damages and injury to file a malpractice case.  While waking up during a surgery is not supposed to happen and is frightening, unless it caused you serious physical harm or injury which resulted in monetary damages, it is likely that you do not have a medical malpractice case.  However, all state laws differ so its best to check with a local attorney. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read More

My advice is to contact an attorney as soon as possible to further discuss your case. It is difficult to answer your question without knowing more about your situation. For instance, when and where did the potential negligence occur?  What is your current condition? In order to properly evaluate your potential case, a lawyer needs to understand the extent of the harms caused. Then, he or she might ask you to obtain your medical records for an expert to review to determine if your doctor deviated from the standard of care.  -Steve Levin Levin & Perconti325 N. LaSalle St. Suite 450Chicago, ILwww.levinperconti.comquestions@levinperconti.com Toll Free: 877-374-1417... Read More

Your case would need to be filed in Florida. I suggest you try to retain an attorney in that state.  You can also discuss your case with attorneys in Illinois and ask them to review the  merits of your case. If they believe you have a meritorious case, they can associate with attorneys in Florida.  Both attorneys could then represent you under a joint representation agreement.  ... Read More

Unfortunately, it's hard to answer your questions without actually seeing the records of you visits to the ER prior to the rupture.  Typically, a med mal lawyer will either gather or have you gather the records and then he or she will look at them to decide whether it makes sense to incur the cost of sending the file out to an expert for review.  How you recover from this point forward will have an impact on the damages, and that's something else a reviewing lawyer will want to talk to you about.  There shouldn't be a fee charged for the lawyer to evaluate your case, but s/he might require you to reimburse them for the their out of pocket expenses (which would be the cost of any records that you don't get yourself and the cost of the first expert review).   I'm sorry that you've had a tough time.  I hope this gives you some guidance.  Best of luck.   Michael Clancy... Read More

It is important to find an attorney that specializes in this area and has successfully handled many cases of this type. Most, but not all, of those attorneys will be AV rated.  You can also look for qualified attorneys in your area by visiting www.BestLawyers.com, www.Superlawyers.com, www.abota.com, and www.actl.com. I review all of the lists of lawyers who handle these claims and interview several prior to deciding which one to retain.   ... Read More

Unfortunately, this is a tough question to answer with the information you've provided.  You need to make an appointment with an experienced medical malpractice lawyer who will likely need to interview you and look at least some of your medical records to answer your question.  In general, in the state of Illinois an adult patient has 2 years from the date of the malpractice or 2 years from the date that a reasonable person would have begun to suspect malpractice.  This means that a patient can sometimes file suit more than 2 years after the malpractice if they didn't know and didn't have reason to suspect that a mistake was made.  Whether you fall into this category is impossible to tell from your summary, which is why it is important for you to make an appointment to speak with a lawyer promptly.  Don't wait-- if you wait too long, you claims will be barred.  Good luck.... Read More