Legal Question in Medical Malpractice in Illinois
On Monday July 26, 2010 my mother went her doctor at a Chicago Public Health Facility with a list of concerns. This list included her need for a mammogram, concerns regarding her feet and ankles swelling and major concerns regarding swelling and hardening in her stomach.
When the doctor saw that my mother had a list she was quick to let her know that she was �running behind� and that she would make a good effort to get through her list. She quickly went through my mother�s list. She took a quick glance at my mother�s chart and referenced her gaining 8 lbs. She never examined my mother�s stomach or acknowledged the hardening concern. She simply told my mother she needed to lose 10 lbs and follow up in 2 months. My mom then reminded her about her swollen ankles and appearing frustrated, she had my mother sit on the exam table, pressed her ankles with 2 fingers and told her that that was just how her ankles are�fat apparently. As she was writing a referral for the mammogram she asked my mother about her insurance. Recognizing that my mother asked to have her referral written to a hospital that required her to have private insurance (my mom had not had insurance during previous visits), she made a statement implying that had she known my mother had actual insurance she would have probably taken more time and care with her.
Basically the doctor diagnosed my mother with obesity (as she has so many times before) and sent her on her way.
On Wednesday July 28, 2010 my mom was admitted into the emergency room at University of Chicago Hospital complaining of severe stomach pains. A CT scan revealed the swelling in my mom�s stomach is due to fluid building up in her stomach and the hardening is the result of a large mass growing in near her uterus. My mother has to undergo a full hysterectomy and have the mass biopsied for cancer. Had it not been for a bad nut reaction my mother�s medical issues would have gone unnoticed for months possibly.
Can my mother take action against the Chicago Public Health Facility doctor and the medical facility?
1 Answer from Attorneys
Your mother may be able to file a complaint withe state licensing board. However, your mother is fortunate from a medical standpoint that she did receive prompt followup care at the hospital and suffered very little if any permanent damage due to the original care. Unfortunately from a legal standpoint, wihtout damages, you are unlikely to find an attorney who would be willing to file a malpractice case. I hope your mother continues in her recovery.
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