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Illinois Medical Malpractice Questions & Answers

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 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 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 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 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 mother years... Read more »

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 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 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 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 discuss a...
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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 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 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 me".She... Read more »

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 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 »

1 Answer | Asked in Medical Malpractice for Illinois on

Q: How long do I have to file a med mal claim?

Steve McCann answered on Mar 22, 2018

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... Read more »

1 Answer | Asked in Probate and Medical Malpractice for Illinois on

Q: can I be denied to be executer of husband estate from probate for a medical malpractice case

my husband and I have been together 11 years. We had a up and down relationship due to his mental health issues. It cause him to be violent at times which caused domestic abuse. He recently passed in a facility and I contacted a lawyer to look into his death because I felt something wasn't right.... Read more »

Stephanie Sexauer answered on Mar 20, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on

Q: My daughters tongue was clamped too tight during a tonsillectomy and she was taken to the ER the day after surgery.

She was admitted for IV steroids due to the extreme tongue swelling. The doctor did admit he made a mistake. She is still having ear, jaw and tongue pain. Do we have a case ?

Steve McCann answered on Feb 19, 2018

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... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on

Q: My daughter got overvaccinated by 3 shots due to her previous Doctors office not recording correctly that she got them

I have a Florida Certification of Immunization form saying my daughter received shots on a certain date, but when her current Doctor's office requested the notes from the previous office, there was no record of her getting the shots. It was not recorded on her last visit and it actually says she... Read more »

Robert D. Kreisman answered on Jan 1, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on

Q: hello, can an illegal alien get a pro bono legal assistance in a malpractice law suit

an illegal alien was arrested for probation violation and spent one year at the Joliet Correctional Center in Joliet Ill. The individual was a healthy man when he entered the prison system and one year later he walked out handicapped. Had a tracheotomy that was supposed to last for 2-3 weeks and... Read more »

Robert D. Kreisman answered on Jan 1, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on

Q: My PCP misdiagnosed a breast lump which turned out to be cancer.

The delay in receiving the accurate diagnosis severely affected my chances of survival. Does that count as medical malpractice?

Robert D. Kreisman answered on Dec 26, 2017

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... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on

Q: If I have settled with insurance company on WC claim can I proceed with malpractice against surgeon?

Robert D. Kreisman answered on Oct 30, 2017

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.

2 Answers | Asked in Medical Malpractice for Illinois on

Q: I think my family physician didn't perform the necessary tests to confirm I had breast cancer because I'm a transgender

man (assigned female at birth). I had to get a second opinion and now my cancer has drastically progressed due to this delay. Do I have a potential malpractice suit on my hands here?

Peter N. Munsing answered on Sep 1, 2017

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).

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