Do I have a case of malpractice ?

UPDATED: Oct 1, 2022

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Do I have a case of malpractice ?

During shoulder surgery, it was suppossed to be some small incisions to fix my rotator cuff. There was substantial damage so I was cut open, after a month I wasn’t feeling good, had a stitch pop, I thought I caused it. The doctor took a look and said I was infected, told me it was from me falling that caused it. That day I had to go in for surgery to clean it out immediately. I ended up having to go to a disease specialist. Was told it was a very bad infection that came from surgery not from me, it was so bad that I had to go to hospital right away and get a pic line put in, for a month. The infection weakened my bones in my shoulder and the original surgery came undone. After infection cleared I had to go in for third surgery to fix my shoulder again. The first surgery was just over 2 1/2 years ago; the last was 15 months ago. This was a long time of suffering, being sick and worst of all I had to pay for all of these extra doctors and surgeries for something not caused by me. Putting me into credit card debt to pay for it all. Is this something I can move forward with ?

Asked on July 10, 2019 under Malpractice Law, Illinois


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

Answered 3 years ago | Contributor

Medical malpractice is negligence. 
You need to immediately file a lawsuit for negligence against the first surgeon because IL has a two year statute of limitations for filing a lawsuit in a medical malpractice case. If the statute of limitations expires, you will have lost your rights forever in the matter. A patient has two years from the date the patient knew or should have known of the injury to file the lawsuit. That two year statute of limitations also applies to filing a notice warning the doctor that you are going to sue.
Have two years elapsed since you were told that the infection was due to the surgery?
If the statute of limitations has not expired, your lawsuit should seek compensation for the medical bills, pain and suffering, and wage loss.
Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports. Compensation for wage loss is straight reimbursement.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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