Legal Question in Medical Malpractice in Illinois
Quadriplegics arm broken during CT scan
During a CT scan my left elbow got caught on/in the machine pinning my shoulder on the headrest and breaking my left Humerus near my shoulder. Being a quadraplegic I did not feel the break at the time and the technician did not report the incident to anyone and I was sent home and my wife later noticed that my arm was swollen. We returned to the ER and they verified the broken Humerus. I have spoken to several attorneys who advised me that they agree that there was an injustice, but will not take my case due to my lack of feeling pain, and that I am not losing wages from a job. We are looking for an attorney that understands paralysis and how much this injury does effect my quality of life, my even greater lack of mobility with a broken arm, my mental anguish, my wife's constant need for others to help me in daily activities while keeping my arm stable, the major set back of my physical therapy, the possible loss of function in my left shoulder and so on. I have been told flat out that because I cannot use my arm I haven't really lost the use of it. Please let me know if you can help me in any way. Thank You, Matt Langnehorst
3 Answers from Attorneys
Re: Quadriplegics arm broken during CT scan
Dear Matt:
Mental anguish in my book can be more if not as hurtful as physical pain. Your case will be a unique one, but I am willing to take it on with some caveats which we will have to discuss.
Contact my office so that we can meet and talk more about how to proceed.
Nima Taradji
Re: Quadriplegics arm broken during CT scan
Feel free to contact me directly at 312-357-1431. I would be happy to discuss whether my office can be of help to you.
Jeff Friedman
Re: Quadriplegics arm broken during CT scan
I am sorry to hear of your injury. Your success in a lawsuit depends on your ability to express the difficulties that this new injury adds to your life. It is easy for someone who doesn't understand paralysis to discount a broken bone in your situation. I handled a case years back where a paraplegic vet had his leg broken. We were able to recover for him, but had to be able to explain phantom pains and the problems that a quadriplegic faces when a limb is broken.
The more immediate question is what evidence do you have that the break occurred in the machine rather than elsewhere? The machine operator didn't report it, and if your symptoms weren't reported until after you went home, the hospital will likely deny that the incident occurred. Witnesses (and statements of witnesses) other than your wife will be crucial, and statements are best gathered early rather than late in the process.
Given your proximity to St. Louis, I wonder where your injury occurred. If it was a Missouri hospital, you need to contact a skilled trial attorney Immediately, as changes in the law that go into effect in August will directly impact your case.
If it was an Illinois health practice, time is still important, but because of the statute of limitations, rather than any imminent changes in the law. You don't give us a date of injury to be more specific about that.
If you have more specific questions, please ask.
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