Legal Question in Medical Malpractice in Illinois
Misdiagnoses
In 2005 I started to have issues with by feminine area. I sought out an OB/GYN and was told it was a yeast infection. In Aug.07 I sought out a second opinion since the symptoms hadn't changed. I have since been diagnosed with Vulvar Intraepithelial Neoplasia stage 1. I am currently seeing a specialist and we are trying a medication but if this doesn't work then I will need an invasive surgical procedure to remove the damaged tissue and after that point, I will possibly have to have reconstructive surgery done. The condition is very painful and emotionally debilitating. Do I have a case since the original doctor dismissed my complaints and eventually stated there is nothing she could do for me then just treat the symptoms?
3 Answers from Attorneys
Re: Misdiagnoses
Possibly. A review of your records would allow for a more precise and specific opinion regarding whether there is a worthwhile claim. How fortunate that you persisted in finding an answer before things progressed even further.
Re: Misdiagnoses
Yes and no.
1- You cannot have a case of malpractice until that malpractice cause you medical damages. So, what could happen cannot be an issue.
2- In Illinois, in order to have a medical malpractice cause of action, an expert has to review the entire medical records, all the nurses notes, pre and post diagnosis notes etc... and then give an opinion that based on a certain medical certainty, the doctor deviated from the standard of care.
Without that opinion, there is no case.
So the first step for you is to obtain your entire medical records--that is your entire chart. Once you have that, you may contact my office and we can discuss what to do next.
I hope this helps,
Taradji Law Offices
Re: Misdiagnoses
As other attorneys have already responded, you should probably look into the possibility of pursueing this. Consult with an attorney in person. IF the attorney decides to help you, the attorney will obtain the complete medical records and have them reviewed by a medical expert to determing if there was any professional negligence. The attorney may also help place a value on the case to help determine wheter or not it would be wise to proceed. If you do not know an attorney,please feel free to call me and I can refer you to one. Good luck.
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