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Illinois Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Illinois on
Q: How long do I have to file a med mal claim?
Steve McCann
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... Read more »

Stephanie Sexauer
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... 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
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... Read more »

Robert D. Kreisman
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.... 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
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
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
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
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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2 Answers | Asked in Medical Malpractice for Illinois on
Q: What if the surgeon who performed my surgery improperly subsequently has retired? Can I still sue for medical

malpractice?

Steve McCann
Steve McCann answered on Aug 9, 2017

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,...
Read more »

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1 Answer | Asked in Medical Malpractice for Illinois on
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

who to sue?

Steve McCann
Steve McCann answered on Jul 24, 2017

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... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on
Q: How long after a botched procedure do I have to file a medical malpractice claim?
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

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.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: How long after a botched procedure do I have to file a medical malpractice claim?
Robert D. Kreisman
Robert D. Kreisman answered on Jul 1, 2017

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.

2 Answers | Asked in Medical Malpractice for Illinois on
Q: If you think you have a malpractice claim what is the first step you should take?
Steve McCann
Steve McCann answered on May 26, 2017

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... Read more »

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1 Answer | Asked in Child Support, Health Care Law and Medical Malpractice for Illinois on
Q: What can I do about the hospital doing surgery on my child with out my consent & the child's mother not making child sup

My step son ran away from home and the hospital got verbal consent from the child's mother even though she lost all rights to the children in court? How can the hospital legal due any none emergency surgery on the child with out consent from the child's legal guardian/parent? And what can... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 23, 2017

Child support is a separate question. Deal with that through child support enforcement.

On the permission, if it was emergency surgery and it was the mother, a hospital isn't required to quizz her as to whether or not she has full rights.

2 Answers | Asked in Medical Malpractice for Illinois on
Q: How do you investigate whether a surgery was done incorrectly?
Ray Choudhry
Ray Choudhry answered on May 5, 2017

Normally, you consult with a medical malpractice attorney who will have the records reviewed by a medical expert.

Most malpractice cases are done on a contingency basis so you only pay if you collect.

Depending on the case, some firms may be willing to advance costs for the medical expert.

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2 Answers | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: We need an attorney to take my husbands case. On 7-19-16 he went to Alexian Bros. Hosp in Elk Grove , il with chest pain

hours later on the 20th of July approx. 20 min. after taking the prescribed meds went into cardiac arrest. With our sons quick thinking and 20min of cpr my husband is with us today. he suffers from short term memory loss. He is no longer able to work his construction job

Steve McCann
Steve McCann answered on Apr 16, 2017

You may have a case, but it is impossible to provide you with a comprehensive evaluation of the merits based on the limited facts provided. I would recommend organizing everything your possession related to this situation, and consult with an attorney individually. Do not make a statement until... Read more »

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2 Answers | Asked in Medical Malpractice for Illinois on
Q: Is a prescription drug error considered medical malpractice?
Robert D. Kreisman
Robert D. Kreisman answered on Apr 10, 2017

Anyone who is involved with prescribing medications can be liable for prescription drug errors. This includes physicians, nurses, hospitals, the pharmacy departments in the hospitals, pharmacists, and the pharmaceutical manufacturer.

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: My mother acquired a staph infection during a hospital stay - what is the hospital's obligation here?
Robert D. Kreisman
Robert D. Kreisman answered on Mar 19, 2017

Hospital-borne infections has become a kind of national epidemic in some locales. The obligation of the hospital is to identify, diagnose and treat the infection. If you're asking is the contracting of a staph infection in a hospital by itself an actionable medical malpractice case, the... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Q: Was given expired medsfrom a pharmacy. Injected meds for 1 wk. Caused panic attack The company wants to compensate

The company asked me what do I feel would be a good amount of compensation for this. As of now nothing medically is wrong but I did have a panic attack and was hospitalized for 24 hours do to me panicking about taking expired medication.

Peter N. Munsing
Peter N. Munsing answered on Mar 15, 2017

Contact a member of the Illinois Trial Lawyers Association--they give free consults. You want to include the cost to your insurance or you of the treatment you received as they have a "right of subrogation."

2 Answers | Asked in Medical Malpractice for Illinois on
Q: My wife is the victim of a botched facelift -- do we sue the doctor or the hospital that employs her?
Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2017

Perhaps both. But you need to consult a member of the Illinois Trial Lawyers Assn for the County where it happened, who handles medical cases --they give free consultations.

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