Naperville, IL asked in Medical Malpractice for Illinois

Q: My son's arm was in a cast for 2 months but they had to re-do it after because the bone had not set right.

Can I make a claim against the hospital?

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3 Lawyer Answers
Steve McCann
Steve McCann
Answered
  • Chicago, IL
  • Licensed in Illinois

A: It is highly unlikely you have a claim, as this is a common occurrence with several intervening factors. In addition, medical malpractice claims are extremely expensive endeavors, and it may be difficult finding an attorney to take this case. If you would like, you can try contacting medical malpractice in your area that offers free consultations to obtain a professional opinion.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
Answered
  • Medical Malpractice Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I wouldn't put these facts without more information into the category of a medical negligence case; at least not a case that my firm would take on for a couple of reasons. One, importantly it does not seem clear yet how your son's condition will end. Just because the bone had to be re-set may or may not be below the standard of care giving rise to negligence. Second, it doesn't seem that the damages would rise to the level that economically, even in the face of medical negligence that a worthwhile result would occur. I wouldn't discourage you from contacting the medical providers who may have been responsible for this, but I don't believe a claim at this point would be viable. If your son's condition changes drastically for the worse, then my analysis would change too.

Peter N. Munsing
Peter N. Munsing
Answered
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: Contact a member of the Ill. trial Lawyers Assn who handles medical cases--they give free consults.

This would not usually be malpractice in my experience, but your son's case may be different so get the consult.

If medical costs are an issue, be aware that if he is under 18 the Shriners have excellent programs for kids with orthopedic injuries.

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