Legal Question in Personal Injury in Illinois

Re: Legal Rights post surgey

It is impossible to answer your question with respect to what the doctor should have done during surgery. Only an expert surgeon would be able to come up with an answer after having looked at all the records and the reports of the surgery and the aftermath.

You have two years from the time you have discovered you may have a cause of action to act and bring a lawsuit. In order to find out whether you have any rights, so far as bringing a lawsuit for any alleged negligence the doctor(s) have commited, you need to have your records ordered and go see a doctor who agrees to take a look at them. In order to have a medical malpractice action instituted, we need to show that the doctos(s) have failed to follow what is the standard of care in the community in which they practice. Once that has been established, then you will have a cause of action. The reviewing doctor needs to write a report outlining in what respect the surgeon has failed in his responsibilities to you. Moreover, there has to be permanent damage to you. If your troubles are normal byproduct of such a surgery, and you have been warned about them before you signed the consent form, then you really have nothing to pursue. But, you do have to get the records and the result to an attorney to be able to make an intelligent assessement of the possibility of a cause of action. Without having seen the records or such an opinion it is impossible to come up with a "yes" or a "no" with respect to any cause of action you may have.

Good luck

Nima Taradji

Re: Legal Rights post surgey

The medical negligence case which you describe, like most med mal cases, is complex. Please consult with an experienced attorney who can advise you as to the requirements in Illinois of obtaining a certificate of merit prior to bringing such a lawsuit.