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Illinois Medical Malpractice Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Medical Malpractice for Illinois on
Q: Can dr be liable for a bad surgery

Had shoulder surgery and still having problems from it and I have a long painful scar and nerve damage now can the hospital be liable for my problems after surgery,loss of grip nerve pains from my shoulder to my hand

Robert D. Kreisman
Robert D. Kreisman answered on Oct 23, 2020

Much depends when, where, and most importantly whether your nerve damage was caused by a deviation from the standard of care during this surgery. It's impossible to know the answer to the last point without a thorough review of your hospital records, your operative report, and post-operative care.

2 Answers | Asked in Medical Malpractice for Illinois on
Q: Hi, I was wondering if I had a malpractice lawsuit to go on. My dentist preformed surgery on my tooth wrong
John S. Fotopoulos
John S. Fotopoulos answered on Aug 2, 2020

Whether or not the dentist deviated from the standard of care is a complicated issue. Please feel free to contact me to discuss the facts of your case.

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: Hi, I was curious if have a case. When I had my daughter last year I had an epidural which caused a spinal headache.

The day after my delivery I received a blood patch and the anesthesiologist that preformed the procedure was off. He didn't want to do, he was not very present while doing it, said he'd be back in 20 minutes but didn't come back for a couple hours and didn't really care that I... Read more »

Tim Akpinar
Tim Akpinar answered on May 16, 2020

An Illinois attorney could advise best on this, but your post remains open for three weeks. You could contact Illinois med mal attorneys to see if they would offer a free initial consult. If an attorney felt that you might have the grounds for a claim, they could request your records and review... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Medical related, is this a case?

High risk relative was in hospital for almost a month. Had right leg amputated from infection, but still wasn’t leaving hospital anytime soon. Was given drugs several times a day. At night he coded after being given drugs but wasn’t hooked up to any machines. (Don’t know why, he was on... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Mar 8, 2020

It could be a case, but like all potential medical negligence cases in Illinois, the entire hospital and medical charts would have to be reviewed. A doctor practicing in the same or similar practice of medicine as those who may be negligent would have to be able to author a certificate of merit... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Can I sue a doctor for giving me a topical steroid that left me with stretchmarks/scars in my groin area?

He did not mention the side effects and they weren't on the cream tube.

Tim Akpinar
Tim Akpinar answered on Feb 16, 2020

An attorney would need more information to answer your question. Maybe the most logical place to start would be to discuss the matter with an Illinois medical malpractice attorney. It would hinge upon whether the doctor's conduct amounted to breach of a medical duty. That's something that... Read more »

1 Answer | Asked in Employment Law and Medical Malpractice for Illinois on
Q: Paying MDs as 1099s - Is this Corporate Practice of Medicine?

Hi There,

We are a Not For Profit Corporation, and we pay for patient medical expenses when they require financial assistance. We do not advise them on treatment, provide facilities to MDs, direct / employ MDs, or share profits with MDs. We simply pay patient Invoices when they are unable... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 29, 2020

I'm not sure which 1099 form you're looking at, but it's probably the wrong one. This shouldn't be a contractor expense for you since the medical professionals do not contract with you -- rather, they contract with your patients.

With no more information than you...
Read more »

1 Answer | Asked in Medical Malpractice for Illinois on
Q: My wife has been sick after her bariatric bypass surgery.

She is suffering from chronic pain under her right ribs nearly a year. She was hospitalized earlier this year for a week with absolutely NO results or explanations. She has recently undergone an upper endoscopy and still no answers or results. To add insult to injury, her boss is stopping her... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Oct 18, 2019

I can understand your frustration. Diagnosis and treatment is critical. I would search for another medical specialist to investigate your wife's ailment as soon as practicable. It seems very strange given all of the uncomfortable testing, hospital stays that your wife has undergone that... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Last summer I got injections to shrink a keloid that isn’t directly on the center of my chest, just below the collarBone

The injections were suppose to shrink the Benign (according to my dermatologist) keloid and instead of it shrinking it grew. I decided to not go back and I just felt that I was paying for the complete opposite of what I asked for. What do I do?

Tim Akpinar
Tim Akpinar answered on Sep 29, 2019

If you are contemplating a claim, you could consult with an Illinois attorney about your matter. If the firm wanted to investigate the matter further, they could request the medical file and review it. It's a personal decision whether to explore a claim, or to try to find out why the keloid... Read more »

2 Answers | Asked in Family Law, Immigration Law, Business Law and Medical Malpractice for Illinois on
Q: Hello, I'm a young student at college looking to transfer to law schools. In this matter, what should I be looking for?

I want to know which schools are the best and which schools are not as good as the rest, but still pretty good. Just want to know what schools to look at, and which ones not to spend my time reviewing them, so I can make the best decision possible when transferring from college. If possible to I... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 9, 2019

This is way too broad an inquiry to be addressed in this forum. Talk to you college counselor; better yet, if you know an attorney, see if he or she will take time to talk about these subjects with you. Most will be willing to do so, I suspect, but the task of writing a comprehensive reply to your... Read more »

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: had to go to er for blood tranfusion and my doctor didnt know it

had to have two pints transfusion

Tim Akpinar
Tim Akpinar answered on Jun 1, 2019

It's possible part of your question got inadvertently left off. You mention the doctor not knowing something ("it"), but it isn't clear what it was. You could repost the question, or you could contact a med mal attorney in Illinois to discuss the matter further.

Tim Akpinar

1 Answer | Asked in Medical Malpractice for Illinois on
Q: I went to the e.r. with symptoms of a mild stroke. The e.r. dr said I didnt have a stroke. Can I sue?

I was being treated with mild antibiotics for an absessed tooth, but went to e.r. with left side paralysis, left side limping and left arm numb. The e.r. dr. said I didnt have a stroke and sent me home with more potent antibiotics for the tooth. 3 days later, I went to a different e.r. with same... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Apr 5, 2019

Depending on the timing it certainly sounds like something that a lawyer would want to investigate.

I'm sorry this happened to you. What are you current complaints and/or current condition?

1 Answer | Asked in Medical Malpractice for Illinois on
Q: How can I correct a very serious misdiagnosis from the ER?

It was determined by the EMTs that my dad’s blood sugar dropped to 50, which is what caused the episode that prompted me to call 911. He was in hospital for two days, and after being discharged I saw that the diagnosis and reason for visit listed on the admitting form was stated as heroine abuse... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 23, 2019

Contact the hospital administration and provide them with copies of the initial diagnosis of the EMTs that support your position that the episode was not the result of drug abuse.

Tim Akpinar

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Treatment of patient from home.

I am a nurse practitioner and had a patient who was in some serious pain. It was my day off but I allowed her to come to my home and I gave her what is known as "trigger point injections." This was performed with lidocaine and bupivicaine. This is a treatment that I performed for my... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2019

Your question hasn't been picked up in a month, and it may be because it was posted in the Medical Malpractice section. At this point, the appeals period you mention may very well have elapsed. Contact an employment attorney in Illinois, and additionally try reposting your question in the... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Is there a legal difference between medical malpractice and negligence?
Tim Akpinar
Tim Akpinar answered on Nov 9, 2018

I do not practice in Illinois but your question remains open for three weeks. They are similar in that they both apply the concept of negligence. Medical malpractice law applies it in the realm of medical services while other areas of law apply it in more general settings, such as auto accidents,... Read more »

2 Answers | Asked in Medical Malpractice for Illinois on
Q: What types of injuries qualify as medical malpractice rather than just risks assumed by a procedure you undergo?
Steve McCann
Steve McCann answered on Oct 11, 2018

This is a very fact specific determination that cannot possibly be answered with specificity based on the limited facts provided. Thus, if you believe you have sustained injuries as a result of medical malpractice, I recommend organizing all medical records and bills, and consult with an attorney... Read more »

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: Is it considered medical malpractice if a doctor gave my records to my husband but i didn't want him to?
T. J. Jesky
T. J. Jesky answered on Sep 7, 2018

Unless you filled out a "Medical Power of Attorney” and a Health Insurance Privacy Protection Act ("HIPPA") waiver, a spouse (or even the parent of a child over 18 years old) does not have an automatic right to see your medical records.

That being said, a doctor may...
Read more »

1 Answer | Asked in Medical Malpractice for Illinois on
Q: How much time do you have to sue after a botched surgery?
Robert D. Kreisman
Robert D. Kreisman answered on Aug 17, 2018

In Illinois the statute of limitations for negligence matters is two years.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: I feel like my father was pressured into surgery he didn't need

and he's had issues from the anesthesia - am I able to sue on his behalf?

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

If he's around only he can sue.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: At pain management the nurse practitioner forced that I take a medication that was listed as allergic too. what to do?

I am disabled and have emphysema and asthma, herniated cervical disc,and extreme high blood pressure. under the care of the same doctor for 10 years,and with their practice for 48 years. The doctor had me go to a pain management center to see "if Tammy might know of something new to help... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

I'm not hearing anything bad about it. I'd chat with your family doc and ask what to do if that happens again.It's more of a patient/doctor relationship issue than a legal issue.

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: I want to sue a hospital for medical malpractice (for a failure to diagnose claim).

Do I have to pay my medical bills before the case gets decided? Or can I wait and see how the case turns out?

Howard Abrams
Howard Abrams answered on May 1, 2018

First, you need to consult a lawyer as a medical malpractice case can be one of the most expensive and complicated types of Personal Injury cases. In terms of the medical bills you should contact the providers directly and either submit it through your health insurance if available or work... Read more »

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