Legal Question in Medical Malpractice in Illinois
medical malpractice
in july of 04 i was diagnosed with ovarian cancer it was stage 3 and had multipul tumors that had spread to my abdominal cavity quite large area with large tumors .
not even one year pior i was admitted to the hospital was sick.did not know why, they treated it as a heart attack
did all the test for heart attack nothing was found.i also was having regular paps at the doctor (she was not a ob/gyn) was also in a few times for what i thought was a unirnary tract infection some times it was not. the point is that this cancer was missed in the early stages by both the doctor an the hospital
1 Answer from Attorneys
Re: medical malpractice
To answer your question we have to address at least two issues first:
Number one - you only have two years from the date you "should have known" that there was malpractice to file a lawsuit. The exact date of when you knew or "should have known" is often contentious. Generally, it is best to err on the side of caution and not wait to file suit.
That brings us to our second issue - I understood the basis for your potential claim to be that "the cancer was missed in the early stages" - I am also missing some important information: You were having regular paps; when was your last "normal" pap prior to July 2004 and when was your last yearly OB/Gyn check-up? Next, you were admitted for a "heart condition" when? Last, what were the symptoms of that "heart condition"?
I can assure you that hospitals are often understaffed and overworked and frequently fail to diagnosis problems - however, you cannot expect to present to an E/R with heart palpitations and have them come up with a differential diagnosis of ovarian cancer.
Therefore... to accurately answer your questions you need all of your medical records from July 2002 to present. Once you have that information, please do not hesitate to contact me and I will try to provide you with the correct legal advice. BUT, until that time there is little I can do but pray that you will recover.
Remember that when we exchange information in an informal setting we are not establishing an attorney client relationship - so please do not rely just on my advice but seek out other attorneys for their opinions as to the proper procedure as well.
Good Luck and let me know!
Matt Belcher
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