Legal Question in Medical Malpractice in Illinois
complete care
in 10-2004 my sister had to have and emergency surgery due to tubal pregancy. in doing so she had to have on of her tubes remove which left her with one . her primary care physician who performed the procedure gave her after care . to bring you up to date on 03-19-2006 she was admitted into the hospital for another emergency surgery for tubal preganancy again the physician performing the new surgery informed her of preventative care that should have been performed by primary physician . she has had to endure emotional distress due to loss of another baby and the dr's still cannot tell her what was causing her tubes to be clogged in the first place. when we asked the current physician about what was the cause of the tubal preganancy and why was it ocurring he stated that he did not know and that it could have been a numerous amount of things. he then proceeded to ask if her primary care physician performed certain test on her to see why her tubes were clogged. due to this new surger she has to miss up to 6 to 8 wks of work plus she needs around the clock assitance with daily living activities. she also has no fallopian tubes left therefore she cannot concieve children on her own and will have to endure invetro-fertilization.
1 Answer from Attorneys
Re: complete care
You may have a good case of malpractice against the doctor who failed to perform preventive care. However, in Illinois the ONLY way to file a complaint against a doctor is to have an affidavit from another doctor who has reviewed the entire medical chart and under oath and in an affidavit he cay that the doctor failed to follow the standard of care in the community in which he practice. Without that, any claim will be simply dismissed.
What you should do? Get the entire medical chart from the 2004 to the last doctor visit. All of it. Bring it an attorney and have it reviewed to determine whether you have a solid case. That is the only way we can know.
I hope this helps. If you have more questions or need additional assistance, feel free to contact my office.
Taradji Law Offices
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