Illinois Medical Malpractice Questions & Answers

Q: Is there a legal difference between medical malpractice and negligence?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Nov 9, 2018
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...

Q: What types of injuries qualify as medical malpractice rather than just risks assumed by a procedure you undergo?

2 Answers | Asked in Medical Malpractice for Illinois on
Answered on Oct 11, 2018
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.

Q: Is it considered medical malpractice if a doctor gave my records to my husband but i didn't want him to?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Sep 7, 2018
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...

Q: How much time do you have to sue after a botched surgery?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Aug 17, 2018
Robert D. Kreisman's answer
In Illinois the statute of limitations for negligence matters is two years.

Q: I feel like my father was pressured into surgery he didn't need

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Jul 25, 2018
Peter N. Munsing's answer
If he's around only he can sue.

Q: At pain management the nurse practitioner forced that I take a medication that was listed as allergic too. what to do?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Jul 25, 2018
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.

Q: I want to sue a hospital for medical malpractice (for a failure to diagnose claim).

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Answered on May 1, 2018
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...

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

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Mar 22, 2018
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...

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

1 Answer | Asked in Probate and Medical Malpractice for Illinois on
Answered on Mar 20, 2018
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...

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

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Feb 19, 2018
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.

That said, I recommend organizing all...

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

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Answered on Jan 1, 2018
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.

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

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Jan 1, 2018
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...

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

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Dec 26, 2017
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...

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

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Oct 30, 2017
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.

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

2 Answers | Asked in Medical Malpractice for Illinois on
Answered on Sep 1, 2017
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).

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

2 Answers | Asked in Medical Malpractice for Illinois on
Answered on Aug 9, 2017
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.

Q: I was injured further after a surgery that involved more than one doctor. How can I determine who was at fault so I know

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Jul 24, 2017
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.

Q: How long after a botched procedure do I have to file a medical malpractice claim?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Jul 7, 2017
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.

Q: How long after a botched procedure do I have to file a medical malpractice claim?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Jul 1, 2017
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.

Q: If you think you have a malpractice claim what is the first step you should take?

2 Answers | Asked in Medical Malpractice for Illinois on
Answered on May 26, 2017
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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