Timur Akpinar's answer 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, slip and fall accidents, etc. The underlying concept common to both areas of practice is the existence of a duty, a breach of that duty, injuries/damages, and a causal connection between the breach of...
Steve McCann's answer 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 individually for a consultation so you can obtain a comprehensive evaluation.
T. J. Jesky's answer 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 discuss a patient's condition with family, relatives, and friends that the patient identifies as being involved in their healthcare (unless the patient objects). And, if a doctor thinks their patient's mental state...
Peter N. Munsing's answer 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.
Howard Abrams' answer 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 something out with the providers directly. Whether or not you have a lawsuit the providers can demand payment. A lawyer can possibly provide options for you, but you cannot just wait to see how the case...
Steve McCann's answer You have two years from the date of the incident, or two years from when you discovered or should have discovered your injury. That being the case, if you believe you have a viable medical malpractice claim, I recommend consulting with an attorney as soon as possible. Medical malpractice claims are highly technical and very expensive, so I recommend organizing all of your medical records prior to reaching out to an attorney so the consultation can be as efficient as possible. Many of us...
Stephanie Sexauer's answer Based on what you've said, there seems to be no reason why you couldn't act as the independent administrator. You should contact an attorney who focuses his or her practice on probate, and he or she can also point you in the right direction to find an attorney who can look into your husband's cause of death. You likely won't be able to get medical records until after a probate estate is opened.
If you have any questions, please feel free to call us at (312)300-4743 or email at...
Steve McCann's answer It is possible you have a case, but the economics behind pursuing such a case is dependent on the injuries sustained by your daughter. If she has sustained very serious and/or permanent injuries as a result of her tongue being clamped too tight, it may be worth pursuing a claim. If her injuries consist of simply temporary swelling and pain, it may not be worth pursuing, as the costs associated with prosecuting such a claim are extremely high.
Robert D. Kreisman's answer The question who pose should be taken up by your daughter's physician: What health consequences did the 3 extra doses of vaccine your daughter receive have on her health? You didn't say, fortunately, that your daughter had any ill-effects or injury of any kind from the overdosage. Nevertheless, I would seek out a physician to be sure there was no harm.
Robert D. Kreisman's answer Most lawyers who handle negligence cases for the injured handle cases including those in medical malpractice on a contingency basis, meaning the lawyer would only receive a fee and costs advanced recovered if there in fact is a recovery that the client approves or a verdict or judgment entered in favor of the plaintiff by a court/judge. Otherwise, it is possible that a lawyer would handle a case free of any charge even if handled on that contingency basis. It would be somewhat difficult to...
Robert D. Kreisman's answer The short answer is it depends. Of significant importance are: The time line of when the first symptoms were misdiagnosed; the particular kind of cancer you have unfortunately contracted; what your staging is now; and what the prognosis and treatment plan is. Those all would all factor in on whether you would have the makings of a sustainable medical malpractice case. Given what you said about the effects of the delay, I assume you have been told as much by an oncologist or other treating...
Robert D. Kreisman's answer If you have a meritorious medical negligence claim, the worker's compensation settlement will not have any bearing on a potential lawsuit for the intervening medical malpractice, if that's the case.
Peter N. Munsing's answer You'd have a case anyway--male breast cancer is known, but more importantly, he should have taken a good medical history (I'm assuming on your intake questionnaire you explained your transition).
Steve McCann's answer 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.
Steve McCann's answer This is an extremely difficult and costly endeavor. You will need to find and pay a licensed medical professional to attest that your injuries sustained are a direct and proximate result of the doctors' negligence. I would start by consulting with attorneys who handle medical malpractice cases to determine whether or not your damages justify filing a medical malpractice action, which can very quickly cost in excess of $100,000 to pursue.
Peter N. Munsing's answer If you are under 18, you have until 22 years old I believe. If you are over 18, you have two years--but a lot depends on when you should have known about the claim. Contact a member of the Illinois Trial Lawyers Assn--they give fee consults.
Robert D. Kreisman's answer In general you have two years from the negligent act or omission to file a lawsuit along with a certificate of merit under 735 ILCS 5/2-622. You should consult with an Illinois lawyer in your area who practices in the area of medical negligence law.
Steve McCann's answer The first step you should take is organizing all of your medical records and consulting with a medical malpractice attorney. Many of us offer free consultations and will take your case on a contingent basis, so it will not cost you anything to obtain an opinion of an experienced professional that is tailored to the details of your situation.
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