Legal Question in Medical Malpractice in Illinois

nose was broken but was told nothing was wrong

I walked into a clear sheet of glass face first. Went to emergency room of hospital. xray was taken, laceration was treated, tetanus shot given. I was told that nothing was wrong with my nose but to see an ENT when I returned home. Turned out that my septum was pushing out sideways and I required a closed reduction under anesthesia to put it back into place. None of the physicians at the hospital ever looked in my nose to see if anything was wrong. Is there medical malpractice?


Asked on 8/04/04, 1:42 pm

1 Answer from Attorneys

Nima Taradji Taradji Law Offices

Re: nose was broken but was told nothing was wrong

There are two considerations for you to make:

1- In order to prove medical malpractice you must show that the doctor's failed to follow the standard of care in the community in which they practice. In order to find that out, an expert must look at your medical records and find out what was done, what wasn't done, and under what circumstances etc... Only an expert can find that out;

Assuming that an expert has been able to find that there was failure to follow the standard of care your other consideration is:

2- whether there has been any permanent damage as the result of the failure to follow the standard of care. If the surgery has fixed the problem and you no longer have any issues, then a medical malpractice lawsuit will not be feasible because fighting a med mal case is way too expensive and unless there is some sort of permanency it is simply not cost effective to bring such a lawsuit--for example, it will cost you about $5,000 just to get an adequate medical expert's opinion from the get go.

You may have a case for medical malpractice. Only a review of your medical records along with any continuing problems you have can give us an adequate answer.

You should get your medical records and call on a lawyer who practices in the area of medical malpractice so as to get a definite answer.

I hope this helps,

Nima Taradji

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Answered on 8/04/04, 7:23 pm


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