Legal Question in Medical Malpractice in Illinois

My 75 yr old father was hospitalized for pneumonia and got C. Diff. infection. Because of the infection, he had to put off having cancer surgery. Can he hold the hospital responsible for the C. Diff. infection? Does a lawsuit such as this qualify for contingency and how many years would it take to be settled?


Asked on 7/05/10, 11:08 am

2 Answers from Attorneys

Betty Tsamis Tsamis Law Firm PC

In order to pursue a successful case for medial malpratice, one must show a causal connection to the damages (infection) and negligence on the part of the hospital. You will have to show that the hospital breached the duty of care and this breach is why your father suffered frm this infection. Is it possible that the C. Diff infection was a byproduct of the pneumonia? In any event, a medical malpractice attorney should be able to help you. If your settlement goals are reasonable early settlements are always an option.

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Answered on 7/06/10, 6:19 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Malpractice cases are not as eaily settled or pursued as other injury cases. Unless there are absolutley no defenses or no other possible causes, the case is not likely to be settled. Malpractice cases are very work intensive and expensiive to develop, costing well into the five figures. Unless there are significant injuries, it is not likely that you will be able to locate a malpractice attorney willing to file, even if the hospital may be negligent. Assuming you did find one, contingency fees are standard and you are probably looking at years before the case is resolved.

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Answered on 7/10/10, 4:14 am


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