Legal Question in Medical Malpractice in Illinois

Be Careful About What You Post Here

I'm not sure why you are posting this question on the Internet and not just talking to your insurance company. Surely they will find you an expert to advise as to what the standard of care is. Your posting says "this will be confidential." Nope, it just went out to millions of people.

ER standard of care re splenectomy

Benjamin covered the issue about confidentiality.

On the merits, as a plaintiff's lawyer I have some very personal experience with related issues. In fact, my aunt died under comparable facts; it was a different infection, but the same sequence: discharged from the ER, died of septic shock the next day. Except that the ER doc consulted by phone with the family doc and they both admitted being aware of her splenectomy.

In prepping the case, though, in case they tried to dodge, I believe we were comfortable that we could make a pretty good argument that ignorance of the splenectomy and immuno-compromised status was not a very good defense. The workup for possible infection should include a history of prior surgeries. You should consult ONLY with your attorneys about this situation. There may be good defenses, but I don't think being unaware of the splenectomy because you didn't ask is a good one.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.