Legal Question in Medical Malpractice in Illinois

hospital accountable

if someone found out they had liver cancer and their doctor had them have a biopsy of the liver and the liver was sliced and that person bled to death can we do something regarding the radiologist who did the biopsy? the doctor who ordered it?


Asked on 5/19/08, 6:31 pm

4 Answers from Attorneys

Nima Taradji Taradji Law Offices

Re: hospital accountable

It depends. In Illinois to have a valid case for medical malpractice, it is necessary to have the entire medical records reviewed by an expert so as to find out whether there was a failure to follow the standard of care for the type of the procedure performed. You may or may not have case. You must obtain all your medical records and the entire chart, the we'll have to have it all reviewed. Once we have an opinion that a malpractice has occurred then you have a case.

If you have more questions, contact Angela, my assistant. I'll be more than happy to talk to you further.

I hope this helps,

Nima Taradji

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Answered on 5/19/08, 6:57 pm
Eugene Hollander The Law Offices of Eugene K. Hollander

Re: hospital accountable

We routinely handle these serious medical malpractice cases. You should provide me with your contact information to [email protected] so that we can discuss the specifics.

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Answered on 5/19/08, 7:01 pm
John Wunsch Law Offices John C. Wunsch, P.C.

Re: hospital accountable

Dear Sirs:

Yes, you can file a lawsuit for negligent perforation during the performance of the biopsy.

This lawsuit can recover various elements of damages which we can discuss with you when you call our office.

We have successfully prosecuted many such cases in the past.

Please call to discuss.

Many thanks

JOHN C. WUNSCH, P.C.

Law Offices

(312) 977--9900

[email protected]

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Answered on 5/20/08, 9:29 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: hospital accountable

Please accept my condolences. This sounds like a horrible tragedy that should have been avoided. A patient should not go into a hospital for a biopsey and die from bleeding!

However a detailed answer to your question is not routine. In fact, every medical malpractice case is unique. Many factors are involved, including but not limited to the age of the victim, the stage of the cancer whether there was informed consent and exactly what happened in that hospital. All records would need to be obtained and forwarded to an attorney to determine whether the doctor(s) and hospital provided your relative or friend with the standard of care required for that procedure. Additionally, an in-person examination of the original records must be performed to confirm whether there were any changes made to the medical records. Most attorneys experienced in medical malpractice can determine whether there was malpractice. However, Illinois law requires that an attorney forward the medical records to a consultant. If the consultant affirms that malpractice has occurred, an affidavit is signed and the case can proceed to court.

I hope that my explanation helps you and your family. Feel free to contact me if you wish to discuss this further. Again, please accept my condolences.

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Answered on 5/20/08, 10:16 am


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