Legal Question in Medical Malpractice in Illinois

Question about pertinence of suit

My fiance' is currently 23 years old, and has been suffering from endometriosis for the past 4 years. This condition has been diagnosed by several different doctors, all with the same result. The diagnosis is endometriosis, and the treatment is a full hysterectomy. However, the doctors in question refuse to perform the hysterectomy due to the fact my fiance' has no childern. She has given written and verbal consent for the operation for the past 4 years with no results. This condidion has caused her to be unable to work and to interfere severly with her schooling. The condition also causes debilitating pain. Does she have a case of malpractice due to prolonged and unnecessary pain and suffering? Thank you for your time.


Asked on 8/29/01, 3:25 am

2 Answers from Attorneys
Nima Taradji Taradji Law Offices

Re: Question about pertinence of suit

In order to assess whether you have a case of mal practice against the doctors, you need to find out what is the standard of practice in the community in which those doctors operate. Without this, and the opinion of an independent expert who has taken a look at all the medical records, it is impossible to see whether you have a case or not.

Good luck,

Nima Taradji

Read more
Answered on 9/17/01, 7:44 am
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Question about pertinence of suit

I do not think your fiancess has a claim. While a doctor has an obligation to perform to the appropriate standard of care, the standard of care does not require the doctor to perform services he or she does not want to perform. Just like your fiancee must consent to the procedure, so must the doctor. Another doctor may be willing to perform the procedure.

Read more
Answered on 9/17/01, 10:40 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in Illinois