Chicago, IL asked in Medical Malpractice for Illinois

Q: What if the surgeon who performed my surgery improperly subsequently has retired? Can I still sue for medical

malpractice?

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

A: Yes, you can certainly still sue for medical malpractice. Keep in mind that medical malpractice cases are extremely difficult, time consuming, and expensive, often times costing $100-200k. Thus, you must have very serious and permanent damages to justify filing such an action.

That said, I would recommend organizing all information relevant to this situation, including medical records, and consulting with an attorney individually to discuss the merits of your case.

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

A: Yes. The fact that the surgeon has retired makes no difference if the surgery was done below the standard of care and was a cause of your injuries. On the defendant doctor's side however, the fact the he/she has retired may be an issue of both his/her cooperation with an eventual lawsuit and his/her retirement reasons could become a fact issue that a jury may hear if considered relevant. I'm not aware of any case where the retirement alone would excuse the doctor's insurance carrier from insuring his errors when he/she was in practice.

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