Legal Question in Medical Malpractice in Illinois

Unecessart surgery

Several years ago my doctor stated that he was 99% sure I had kidney cancer.No biopsy was taken and after part of my kidney was removed no cancer was found.They made a huge incission and took out a rib.What are my options


Asked on 12/04/08, 10:28 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Unecessart surgery

Based on the facts presented, you have no options as the Statute of Limitations is two years.

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Answered on 12/04/08, 11:16 pm
Stephanie Galetti Knapp Ohl & Green

Re: Unecessart surgery

Unfortunately, you probably do not have many options. You state "several years ago" - there is a statute of limitations in Illinois that, if you have gone beyond it (and beyond what is known as the Statute of Repose), it will be too late to do anything in terms of a lawsuit. Further, if the doctor was doing what he believed to be medically necessary to save your life, and you consented, there is little chance of a recovery. The more typical case would be where a doctor misdiagnosed a condition, did not catch the cancer, and it spread or caused some other damage as a result of his/her negligence. In this situation, it sounds as if the doctor was doing what he believed was in your best interest. However, if you have additional facts that you believe would support a cause of action against the doctor or hospital, I would suggest speaking with an attorney and seeing if you are within the applicable statute of limitations.

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Answered on 12/05/08, 9:30 am


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