Legal Question in Medical Malpractice in Illinois

Doctor failed to check on results

In May of 2002, I went in for my yearly pap smear. Since I did not hear anything I assumed that my test was fine. I have been going there for about 5 years and I never heard anything before. In October of 2002, 5 months later my gynecologist calls me and tells me that they just found my that they were missing my results so they called the lab and had them sent to them. When she got the results she found that I had a problem. I went in for a colposcopy and then found out that I need surgery asap. I had surgery in November because I had a lesion that was very dangerous. Now, I come to find out that I still have more problems and will probably need another surgery, which will mean I will not be able to have children. I am now high risk for cervical cancer and have to be checked constantly. Is there any legal action I can take?


Asked on 5/13/03, 12:13 pm

4 Answers from Attorneys

Roger Malavia The Malavia Law Firm

Re: Doctor failed to check on results

You definitely should consult with an attorney. If your condition deteriorated as a result of the doctor's negligence there is a significant possibility of recovery. Please feel free to call us with any questions you may have.

Read more
Answered on 5/13/03, 12:23 pm

Re: Doctor failed to check on results

You should have your records reviewed!!

Read more
Answered on 5/13/03, 12:29 pm
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Doctor failed to check on results

I would recommend that you consult with an attorney who can review the medical history and investigate the potential malpractice. Please feel free to contact my office at 312-357-1431 for a free consultation.

Read more
Answered on 5/13/03, 1:52 pm
Nima Taradji Taradji Law Offices

Re: Doctor failed to check on results

There are a number of legal actions you may take but the question is whether there are any chances of recovery for you. The fact that it took a long time for the doctor to find your records is not good. Whether it arises to the level of mal practice is something else. The only way to recover is to be able to demonstrate that should they have known about the results 5 months earlier all your current troubles could have been avoided. If you cannot show that, even if they lost your records and took 5 months to tell you the results, you may be out of luck. The advise given by the other attorneys is valid: you should have your records reviewed by a competent doctor/attorney to see in detail what the records show. My office can help you out, or you can choose a number of attorneys or get a referral from Chicago Bar Association or other associations you may choose to contact.

Remember, you only have two years from the date you found out that there may be malpractice to file a suit... And time flies fast...

Nima Taradji

Read more
Answered on 5/13/03, 3:49 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Illinois