Legal Question in Medical Malpractice in Illinois

My son was born with a hernia in his upper abdomen and an undecanded testical. He saw 3 doctors 2 at the hospital when he was born and 1 a week later. He also had jaundice. When i asked them the day my son was born about the hernia they said it was perfectly normal. We were due to be released on the 4th at 12:30. As i was puting my son in his carseat to leave they came in and told us he had to stay for jaundice. They had not mentioned to us prior that my son had jaundice or that there was a possibility he could have. Nor did the doctors realize he had the undesended testical i had to ask about it. He was realsed the next day on a bilibed. He went to the doctor for his 1 week jaundice test. I then asked her about the hernia she said it was fine and said the undesended testical couldnt be seen by a specialist until he was 6 months. We moved to illinois when my son was 2 months old he went to the doctor for his 4 month visit and this new doctor freaked out about his hernia and sent his paper work straight off to a pediatric specialist in st louis. St louis called me wamted to know why Vincennes hospital did not do imigeing or any kind of test to see what kind of hernia it even was. And now that my son is sitting up rolling over and starting to actually do thing he is going to have to have hernia surgery on his upper abdomen. Is there anything we can do about this. Please help me. My baby deserved to be treated correctly and i feel this is unjust


Asked on 4/24/17, 7:34 am

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

I am sorry you are facing this. There is not much more troubling to a parent than to endure through an infant child's medical situation.

That said, it is unlikely that you will be able to get guidance of any value on a site like this. It absolutely sounds like there is a claim worth having reviewed by an attorney, but medical malpractice claims are very carefully screened. In addition to reviewing the breach of the standard of care, consideration must be given to the impact of the injury and the prognosis (both immediate and long-term). Whether the case can be pursued will depend on a thorough review of the records and a full understanding of the background. Unfortunately, there are many situations in which malpractice occurs and the patient endures additional pain and even some residual impact, but nevertheless the case cannot be pursued.

You say you moved to Illinois when your son was two months old. Since the concerns predated that, it sounds like your case may need to be pursued out of state (Indiana?). Regardless, an Illinois attorney may be in a position to take the case or, in any event, would probably be in the best position to help you find the best representation where necessary and help to coordinate the matter with you.

I suggest you gather any records immediately available to you or easily obtainable (such as the file from the medical providers here). Then make a call so that appropriate referrals can be made and consultations can be scheduled. Additional records can be obtained after your consultations.

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Answered on 4/24/17, 1:14 pm


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