Legal Question in Medical Malpractice in Illinois

Surgery Done Wrong

My son had a circumcision done improperly and has to

have it done again. The doctor that did the first

procedure is still charging us for that procedure, and

we are going to have to turn around and have the

procedure done again. I don't feel that we should have

to pay for the first procedure that was done incorrectly,

and now we have to pay for an additional procedure that

is going to be major surgery instead of the minnor

surgery that it would have been if it had been done right

the first time. All I am looking for is to fix the problem

that was caused by the first doctor's mistake without

having to pay any more additional costs, is this

possible???


Asked on 2/15/05, 9:06 am

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

Re: Surgery Done Wrong

Short answer: Yes.

If the original doctor failed to follow the standard of care and the result has been you having to pay for another procedure, then the original doctor may be sued for committing malpractice.

Have you spoken with the doctor's billing service? Or the doctor himself?

If the damage to your child is not permanent and can be rectified with the second surgery, you do not have a big malpractice suit, but, at least you should not have to pay for the first one--that is ONLY if the result from the first procedure is directly the result of failure to follow the standard of care and not because things can go wrong--medicine is not an exact science and occasionally things do go wrong that are beyond the control of anyone.

Best thing to do is to have the medical records reviewed by an attorney to see whether there was a failure on the part of the doctor.

I hope this helps,

Nima Taradji

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Answered on 2/15/05, 1:00 pm


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