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Illinois Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice for Illinois on
Q: Is a prescription drug error considered medical malpractice?
Robert D. Kreisman
PREMIUM
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
PREMIUM
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... View 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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1 Answer | Asked in Medical Malpractice for Illinois on
Q: After gall bladder surgery, I have inflamed / collapsed lungs as per tests due to breathing problems.

Went to surgeon for follow up after 5 days and was told to be active to help healing. Also doing deep breathing exercises as per doctor instruction. Walking for exercise, short of breath after about 15 minutes. Went to regular doctor after a few days and was sent to ER for tests due to BP being way... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2017

You need to see a pulmonologist. Ask for a referral. Don't be critical--be like columbo--"gee, I don't get it what....." Then when someone has given you a better idea of what you have and your outcome, consult a member of the Illinois Trial Lawyers Assn who handles medical... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: Eye technician gave me a corneal abrasion.

While performing the eye pressure test, a technician gave me a pretty decent corneal abrasion. It healed, but the very top layer of my eye didn't heal properly and I have a 'wrinkle' that is causing blurry vision. Another eye doctor told it might heal, but it might be permanent.... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2017

Contact a member of the Illinois Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: A dentist used the same instruments that used in my son's mouth is that a small claims

And the corporate did was give me a call and apologize

Steve McCann
Steve McCann
answered on Feb 20, 2017

Before filing any type of lawsuit, one must ask yourself, "What are the damages?" In this situation, I do not see any ascertainable damages that justify spending the money and time to file a lawsuit.

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Q: Can a Dr. order a laboratory test based on information that a CNA or MA gathered? Doctor never even saw patient

Lab test was to check for flu when clearly it was not the flu. Lab test came back negative for flu and cost patient $351 out of pocket.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 16, 2017

The doctor's order may be acceptable medical practice given the report of the CNA and assistant. However, you shouldn't be reluctant about complaining to the hospital or doctor's office that the lab test order was unnecessary given your symptoms and question the the propriety of the bill.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Can you sue a massage therapist who injured you for medical malpractice?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 27, 2017

I believe that massage therapy would be an area of practice that may be covered by the Illinois Physical Therapy Act and/or the Medical Practice Act. "Program of Care, Counseling, or Treatment" means a written schedule of organized treatment, care, counseling, activities, or education,... View More

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Can i sue my APN for not following a doctors orders on getting tests done for a lung disease

The ER doctor wanted blood paneling and past xrays reviewed and she didn't do any of what was supposed to be followed up on

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

Possibly. Depends on the fallout. If someone else caught it with no difference in outcome, no. Why not contact a member of the Illinois Trial Lawyers Assn that handles medical carelessness cases? They give free consults.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: If my doctor reveals private/confidential information about me without my permission, is that considered malpractice?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 7, 2017

It is unclear whether you have discernible damages that you could prove up to make out a case for medical malpractice. In any case, I would consider reporting this to the Illinois Department of Professional Regulation that oversees the medical profession.

2 Answers | Asked in Medical Malpractice for Illinois on
Q: Could I sue a doctor who has his license to practice medicine revoked after he misdiagnosed me

(this happened a month before)?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 10, 2016

Yes. The reason to bring a lawsuit for medical malpractice is when a medical provider has acted or failed to act in such a way that was below the standard of care that caused an injury or death to a patient. Whether the doctor's license was revoked makes no difference as to bringing a viable... View More

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2 Answers | Asked in Medical Malpractice for Illinois on
Q: I went to an optometrist to have eye pain evaluated, and I think he made it worse because I can barely see out of my eye

since that appointment. I know optometrists aren't doctors but do they fall under the purview of medical malpractice law?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 17, 2016

Optometrists do fall under the Illinois Medical Malpractice Act as a medical provider who does provide the service of a healing art professional under the statute; 735 ILCS 5/2-622, et seq.

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3 Answers | Asked in Medical Malpractice for Illinois on
Q: My son's arm was in a cast for 2 months but they had to re-do it after because the bone had not set right.

Can I make a claim against the hospital?

Steve McCann
Steve McCann
answered on Oct 27, 2016

It is highly unlikely you have a claim, as this is a common occurrence with several intervening factors. In addition, medical malpractice claims are extremely expensive endeavors, and it may be difficult finding an attorney to take this case. If you would like, you can try contacting medical... View More

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1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Illinois on
Q: Can I sue the county jail for health negligence for my brother

My brother has been in the county jail for over a year now and he became sick with pneumonia this year of April June 23rd he was admitted to the hospital they had to do two surgeries on him

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

Your brother might have a case, but you dont. Suggest he contact the Ill. Civil Liberites Union prisoners rights project. They may have someone working on prison medical issues.

2 Answers | Asked in Medical Malpractice and Civil Rights for Illinois on
Q: ANY exceptions for submitting a physician's certificate of merit for inmate amended complaints

What to provide In the absence of physician's certificare of merit for prisoner civil suit not represented by a lawyer? Lab test result is available confirming diagnosis of Prison doctor.

Peter N. Munsing
Peter N. Munsing
answered on Jul 9, 2016

Contact the Ill. Civil Liberties Union prison rights project.

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: Should my doctor have done a pregnancy test before giving anesthesia

My infant passed away at 1 and a half months

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jun 28, 2016

I would need to know more about what procedure you were about to undergo. But suppose you were to have surgery where you were to be given a general anesthetic, your surgeon would have you run through the whole battery of per-operative, testing and your complete history that would likely include a... View More

1 Answer | Asked in Medical Malpractice for Illinois on
Q: What can I do about lab result mix up?
Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

More information is needed to answer. Talk to a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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2 Answers | Asked in Medical Malpractice for Illinois on
Q: I had to receive a second hip replacement on my right hip because my first hip replacement came out of the socket four

Times. Then I had to go back to the nursing home and do physical therapy for three weeks all over again the experience was a night mare. Can I sue the Dr. That put the wrong hip in causing the ball to come out of the socket it was excruciatingly horrific nightmare except I had to live through it... View More

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

You may have a medical malpractice case. Also, if had a Depuy or other metal-on-metal hip implant, you may have a products liability claim.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal...
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1 Answer | Asked in Employment Law, Immigration Law, International Law and Medical Malpractice for Illinois on
Q: Can Private Practice doctor hire International Medical Graduate (IMG) as Medical Assistant and sponsor h1b visa?

I'm well know private practice doctor in Allergy & Immunology field. I want to hire an foreign medical graduate as my medical assistant. He needs h1b sponsorship for full time work. How can I sponsor him and hire him for one year duration ? He is currently in US on f1 visa status. Can he... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Sep 10, 2015

To save money and time you should seek advice from an experienced immigration attorney. Good luck. www.aba-us.com

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