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Michael W. Clancy

Michael Clancy’s Answers

64 total


  • My son was just born 04-05-2010 and today he was circumsized. The doctor who preformed the preceedure cut his penis.

    She placed several stiches on his penis and told us to watch for bleeding. She also stated that he may be scarred for life. Is this something that I should have an attorney look into?

    Michael’s Answer

    Congratulations on the birth of your son. I'm sorry to hear that there were problems with the circumcision. The only way to know whether there is a viable med mal claim is to speak with a lawyer. Because investigating cases like this can be expensive (because an expert needs to review the medical records and experts are expensive), some lawyers would tell you to wait a while to see how your son does, whether he heals properly, and whether there are any problems down the road. I suggest that you contact a lawyer who specializes in medical malpractice cases and see what he/she thinks.

    Best of luck.

    Michael W. Clancy
    www.clancylaw.com

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  • I had a question about my treatment after a car accident.

    Is it okay to switch my primary physician during treatment?

    Michael’s Answer

    • Selected as best answer

    The short answer is usually not. Long gaps in treatment are typically more damaging to claims than changing your primary care doc one time. If you have a lawyer for your claim, you should certainly talk to him/her to get input because they will know more about your case and your treatment.

    Michael W. Clancy
    Clancy Law Offices
    www.clancylaw.com

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  • How long do I have to sue a hospital

    im from IL and my son was born on 01/01/2007 and i took him to the hospital on 01/04/2007 because he was vomiting green, abdominal distention, and no stool since birth. In doctor in the ER he received 40 ml of NS due to dehydration. An axray showe...

    Michael’s Answer

    I'm sorry to learn of the trouble your son is having. If the claim is for negligent medical treatment to your son, he will have until his 8th birthday to file suit unless the law considers him to be "disabled". The kind of disability that would alter the statute of limitations is typically a mental disability. That said, the only way for you to get an accurate idea about whether your son has viable claims or what the statute of limitations is for those claims would be to speak to a lawyer who handles medical negligence cases. I urge you to do this sooner rather than later if you are considering going forward.

    I hope your son recovers completely.

    Michael W. Clancy
    Clancy Law Offices
    www.clancylaw.com

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  • Seeking an attorney in Central IL for an auto accident / insurance case.

    I would like to find an attorney in the area that specializes in this type of case, one that will really fight and go to bat for us, but one who's fees are not outrageous. Am I dreaming? Thanks!

    Michael’s Answer

    Most attorneys will charge a contingency fee for their work on your auto case. In the overwhelming majority of cases, that charge will be 1/3 of what the attorney recovers for you. Particularly if your injury is significant, look for someone who concentrates his or her practice in personal injury work. There are good lawyers (whose names I would be happy to share if you would like) in Bloomington, Ottawa, and Peoria. I wish you the best of luck. Let me know if you would like referrals.

    Michael W. Clancy
    www.clancylaw.com
    mclancy@clancylaw.com

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  • How long after an accident can an MRI be taken without the time lapse becoming a major disadvantage?

    I wanted to get an MRI for a rear-end accident that I was in almost five months ago to reveal the injury that is causing me pain.

    Michael’s Answer

    I too agree that the fact that you were promptly diagnosed with a disc injury should make the 5 month time lapse not a big deal. It will also be helpful if you treated with your doctor during that 5 month period. Finally, what the MRI report says will be really important to linking your disc disease to the accident. There are some findings that would be consistent with a disc injury 5 months ago, and others that would suggest an injury or damage that happened long before. If you have a real disc case, you probably should consult a lawyer. If you don't have one, make sure that your doctor believes that the injury shown on the MRI came from the accident.

    Best of luck.

    Michael W. Clancy
    www.clancylaw.com

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  • What is the statue of limitations for malpractice ill.

    treated for disease dont have

    Michael’s Answer

    The answer is actually a little complicated, so I apologize in advance. As my colleague above indicated, it is sometimes 2 years from the date of the negligence. There are times, however, when a patient wouldn't have known or suspected that negligence occurred, and in those cases, the statute runs on the 2 year anniversary of the date that a reasonable person would have begun to suspect that negligence had occurred. The only way for you to get a definitive answer to your question is to speak with a qualifed med mal lawyer, tell him or her the facts and let them look at your records, and they will be able to give you better guidance.

    I will you all the best.
    Michael W. Clancy

    www.clancylaw.com

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  • My son was hit by a car can i sue for compensation

    My son was crossing the street, was struck by a vehicle, and received many injuries. I do not know if he was in the crosswalk or not. The accident did occur at night; however, it was in a well-lit area.

    Michael’s Answer

    The short answer to your question is yes. As you've heard from the other lawyers, it is important that you consult with someone who concentrates his or her practice in personal injury cases as quickly as you can. Your son's health comes first, of course, but there are a number of things which should happen fairly quickly in order to make sure that your son's case is as strong as it can be.

    I hope he has a complete recovery.

    Michael W. Clancy

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  • What is the usual amount granted in a malpractice suit where a patient was left unattended, fell and broke a hip requiring surg?

    Two and a half years ago my brother in law was diagnosed with stage 4 Lung cancer. In April of 2008 he suffered a stoke and was transfered to the rehab floor in the hospital for therapy. Protocol for Neuro patients is, that no one be left unattend...

    Michael’s Answer

    I'm afraid that this is a hard question to answer without knowing more facts. The fact that your brother-in-law has died (and I'm sorry for your family's loss) will prevent him from testifying at trial. It can hurt a case significantly when an important witness can't testify, but it depends on the facts of the case. Whether your BIL's death was related to the fall or the cancer will also make a difference. Your BIL's age, whether he was working before the diagnosis, his relationship with your sister, and other things are all relevant.

    Case value depends on many of the things that I've mentioned and more. There is simply no way for someone here to give you any reasonable and fact-based estimate of the value of the case without knowing much more. I know this isn't what you had hoped to hear, but it's the truth. Your sister should go in, sit down with the lawyer, and get him or her to walk her through the lawyer's thought process.

    Good luck to all of you.

    Michael Clancy
    www.clancylaw.com

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  • What is the timeline for filing a claim?

    Had surgery awhile back.Was told I have 2 metal clamps that was left in me.

    Michael’s Answer

    Unfortunately, the answer to your question is (or can be) complicated. In general, you have two years from the date of the malpractice within which to file a complaint. There are circumstances where this time can be extended (where, for example, you didn't know about the negligence), but there are time limits on how long it can be extended. I would need more information in order to answer your question completely, but if the surgery where you think the clips were left happened less than 2 years ago, you should be ok. I urge you to speak with a lawyer who does medical malpractice cases right away if you are interested in filing a claim-- there is work that needs to be done before suit is filed and there isn't anything to be gained by waiting any longer.

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  • Can i be sued for a accident that was done in my car but i was not the driver nor was i in the state.

    My mother has my car and let her friend drive the vehicle and she got into the accident. Now the other party that was involved in the accident is trying to sue me and get my license suspended.

    Michael’s Answer

    The license suspension and being sued are seperate issues. Unless there are other facts that you haven't included, lending your car to your mother doesn't provide a likely basis for the suspension of your driver's license. The question of whether you can be held responsible for the accident can't be answered without some additional facts. I assume that you had auto insurance. Make sure that you notify your insurance company of the accident. This is important because you don't want to give the insurer a reason to try to back out of its obligation to defend you if you do get sued by the person who your Mom's friend hit.

    Good luck

    Michael Clancy
    www.clancylaw.com

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