Legal Question in Medical Malpractice in Illinois

Do I have a case?

In June of 2005 I was told of an abnormal MRI, and refered to a female cancers specialist. After the initial visit a week later, I was told that I had stage C-3 ovarian cancer, and was given a 27% survival rate for the next 5 yrs. The next day went in to have a complete hysterectomy. When the procedure was complete, the Dr. came out and told my family there was NOTHING there, though the blood tests and the MRI showed that there was acities and omental caking and a possible mass in my abdomen. They took out my entire reproductive system alot with my omentum. Which now has left me with an ugly scar and a very sensitive tummy. Do I have a case and have I exceded the statute of limitations? This took place in Illinois and I'm not living in CA.. Thanks


Asked on 6/02/07, 4:27 pm

3 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Do I have a case?

Consult with an attorney licensed to practice in Illinois. The statute of limitations vary from state to state. In California you would most probably be barred since you knew about the wrong diagnosis since 2005.

Good luck.

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Answered on 6/03/07, 4:52 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Do I have a case?

Is it possible that two doctors misread your MRI or they read someone else's? Being a CA lawyer, I'm not familiar with IL law. You should contact an IL lawyer pronto regarding the statute of limitation. Typically, though, lawyers are reluctant to file a malpractice claim unless they have a medical specialist review the records in advance. Also, in CA, if you would send a letter to the MD in advance of the running of the statute of limitation, that stops the clock from running for a while. Don't know if IL has the same procedure.

If nothing else, thank goodness the diagnosis was wrong! Make sure to follow-up medically, though, in case the blood tests were an indication of something serious.

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Answered on 6/02/07, 5:07 pm
John Wunsch Law Offices John C. Wunsch, P.C.

Re: Do I have a case?

Dear Sirs:

You may have a case. The crux of the issue will be whether the MRI was mis-interpreted, and whether the hysterectomy was thus unnecessary.

We need to see the records to be sure.

Please call us to discuss.

Sincerely,

Law Offices

JOHN C. WUNSCH, P.C.

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Answered on 6/04/07, 9:48 am


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