Legal Question in Medical Malpractice in Illinois
Toddler injury at doctor's
Our 3-year-old needs orthotics, which, to order to her specs, requires a mold/cast of her foot. The tech/doc used a cast cutter to remove the cast (not standard procedure, as her previous fitting 1 year earlier didn't require one) then tried to cut the gauze placed between her foot and the plaster.
He didn't have any control over the scissors, jamming and twisting it to cut the gauze completely. In cutting this, however, he also took a 1/2 to 3/4 inch-long gouge of skin of the top of her foot. It bled; it scabbed over; and nearly 3 months later, she has a small scar on the top of her foot. The clinic has done nothing to rectify this and on top of this is charging us $20 for our child's records (that we've requested). She's now terrified of any mechanical/machine noises: vacuum, drill, kitchen mixer, due to the cast cutter. In addition, she screamed bloody murder while it happened. She was in a lot of pain.
We just want them to make it right with our daughter, such as a bond in her name or some such, for her future. She has Down syndrome.
1 Answer from Attorneys
Re: Toddler injury at doctor's
Sorry to hear about the mistreatment you have endured by the hospital. The problem you will face is that 1/2 to 3/4 inch long causing a small scar on a foot is not substantial damage enough to file a malpractice case. Here is why:
It takes about $15k to $30k to prosecute a medical malpractice. That is nothing if the damage is death or spinal damage or something that will require thousands of dollars (if not hundreds of thousands) in future and current medical care.
A small scar without more, that is assuming that your 3-year old is now fine except for the scar, will not warrant spending this sort money. Anything you get will have to be able to pay for attorney fees (33.33% of whatever you recover) and for the costs of the suit (let's say $15k). Small scar will simply not bring enough money to recover all this... Unfortunately, this is just the practical reality of medical malpractice lawsuits.
I hope this helps,
Nima Taradji
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