Legal Question in Medical Malpractice in Illinois

The statute of limitations is typically two years, but it can be extended if the injury was not discovered until later (which sounds like the case here). The other problem which arises is wheather there is anyone left around to recover from. I suggest that you discuss the details with a personal injury attorney as soon as possible.

Hi. I am an Illinois (and Missouri) licensed injury attorney that focuses my practice on negligence (including medical mapractice) claims, and work-related injury cases as well. We work throughout all parts of the state.

Although 27 years have passed, the statute of limitations can be tolled (extended) when the injury has not been discovered. Due to this fact, you are likely still within the statute of limitations, as the staples were just recently discovered. Medical malpractice claims can be difficult to establish, however, cases involving foreign materials left in the body are often successful. Your father could likely be entitled to compensation for the cost of the second surgery, compensation for pain and suffering due to the infection, payment of any lost wages, and additional compensation for any future pain or lingering effects of the surgery.

I am trying to provide an accurate assessment and an answer that will assist you, although I am limited in how detailed I can be in my answer on this website.

For convenience, I can be reached by e-mail at [email protected]. Our firm website is: http://www.harvathmissouriillinoislawyers.com. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

I am saddened to hear what your father went through. As I read your submission, I was reminded that I was only a year or so out of law school and just starting to practice injury and malpractice law when your father had his first surgery.

I agree with the other attorneys that you will probably be able to avoid a statute of limitiations problem. However, in addition to the information provided by them, you should be aware that

you face a number of problems, including whether the guilty part(ies) are still around to be sued and identified, and the extent of the damages, and whether you can obtain the records and documentation for the surgery.

Also, medical malpractice cases are among the most difficult and expensive so what may be a significant injury for purposes of an automobile accident may not be for a medical malpractice case. So unless there was a substantial permanent injury sustained by your father or he spent months in a hospital and/or rehabitation facility, it may not be feasible to pursue a case at this point.

That being said, if you are pursuing a case , it is absolutely necessary for you to obtain documentation for the first surgery. If you cannot do so, I do not see how you can prove when the surgery took place and who participated. However, the wonderful thing about LawGuru is that you can obtain many opinions so perhaps someone else will read your submission and have a different perspective. I wish your father a speedy recovery.