Legal Question in Workers Comp in Illinois

Medical Machines

I had a CPM nachine that bends your knee after knee replacement. it was set at my max bend of 90%.

My doctor did not want me going over 110 % max. when it was delivered the etch from hosp. had a problem getting it to set, said if I had any problems let him know about it. well at 1:30am in the morning I awoke to sever pain and the machine had melfunctioned locking it at 115%. Know my knee is in sever pain and cant bend it properly. the doctor stated i tored some muscles in knee area. I called the Hosp. and they said the Mfg Co, was responsable. called them they said it was not there prob and knee it has happene but the tech that delivered it should have calibrated it. The tech said it was calibrated, and has saw this problem with this type of machine in past. Who is responsable and do I have a case for the damage to my knee for faulty equipment ???


Asked on 1/14/09, 7:05 am

3 Answers from Attorneys
Matt Belcher Belcher Law Office

Re: Medical Machines

You listed your question in the "Workers' Compensation" section of LawGuru - what is the status of your claim?

If you have not settled your case, the easiest remedy to your problem would be through Workers' Comp.

Let me know and I'll try to provide additional guidance.

Matt Belcher

Read more
Answered on 1/14/09, 8:19 am
Nima Taradji Taradji Law Offices

Re: Medical Machines

Short answer: the manufacturer and/or the re-seller and/or the people who provided the machine are responsible for what went wrong. If you have a workers comp claim pending then the wc should take care of any additional medical care necessary. But also, you have a third party claim against those entities I listed. Call my office. I want to know more about your claim in detail. Don't let these peopl push you around.

Read more
Answered on 1/14/09, 9:30 am
Mike Helfand IllinoisLawyers.com

Re: Medical Machines

The injury is part of the work comp case and we would likely sue the manufacturer and the tech. If you would like our help please call us at 800-

517-

1614.

Yours truly,

Michael Helfand

Attorney at Law

Read more
Answered on 1/14/09, 1:10 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Illinois