What are my wife’s rights if she was injured due to a botched surgery?

Just over 3 years ago, my wife had a bilateral adrenalectomy BLA to cure Cushings disease. The adrenal glands sit on top of the kidneys. The surgeon was in a using a scope for the operation. He ended up severing a main artery to my wifes Left kidney. The kidney is now infarcted with approx. 1% function and she is now on pain management for the rest of her life. Do we have a case? The surgery took place in another state.

Asked on October 16, 2015 under Malpractice Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your wife has a medical malpractice case subject to the applicable statute of limitations as discussed below.
Medical malpractice is negligence.  Negligence is the failure to exercise due care that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.
The statute of limitations deadline for filing a medical malpractice lawsuit in IL and WI is as follows
IL 2 years from discovery but not more than 4 years from the act
WI 3 years from injury or 1 year from reasonable discovery, not more than 5 years from the act.
Since more than 3 years have elapsed since surgery, when did your wife discover her limited kidney function? That will determine whether or not the statute of limitations has tolled expired and if it has not expired, whether to file the lawsuit in IL or WI.


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