Legal Question in Medical Malpractice in Illinois

Can I make a claim against my doctor??

I have been being treated by my orthopoadic for a back injury, he has released me to go back to work as he didn't find anything on my mri except a degenerative disk and he said that I can go about my work 100%. I talked to a friend tonight who is a neurosurgeon and he looked over my mri and the report it came with and said that I have significant problems with my back including 1 hernated disk and another one thats bullging and degenerated, he also mentioned that my pelvis was not properly alligned that there is a disfigurement that could have been caused by my initial injury. Now my legit appt with my neurosurgeon isn't for another 2 days, but I am curious, could I have any type of claim against by orthopoadic for trying to release me when there was some serious problems that could of lead to even more severe problems, it's like he purposely overlooked these problems just to get me off W.C., but he could of caused a lot of harm to me if I didn't have someone else look at my reports.


Asked on 4/08/03, 12:02 am

2 Answers from Attorneys
Nima Taradji Taradji Law Offices

Re: Can I make a claim against my doctor??

The operative word you have mentioned is "could have." A personal injury tort claim requires an injury caused by the negligence or here the alleged malpratice. If you agree you have not been injured by the diagnosis or the missdiagnosis, you have your answer right there.

Good luck

Nima Taradji

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Answered on 4/08/03, 8:33 am
Zachary Bravos Law Offices of Zachary M. Bravos

Re: Can I make a claim against my doctor??

In order to maintain any action for damages ($), you must have been damaged. You say �he COULD have caused a lot of harm� which is to say, he did NOT cause a lot of harm. No harm, no foul.

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Answered on 4/08/03, 4:07 pm


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