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Should I sue the medical center for negligence resulting in an injury?

Chicago, IL |

During a routine procedure at a medical center, I was left unattended in the exam room and, upon getting up from the wheelchair, tripped and fell, breaking my shoulder/hip and requiring surgery and weeks of rehab. The hip surgery has left me with a permanent limp. My medical expenses were covered by insurance and the remainder written off by the medical center. Damages to me include the time and emotional costs of a prolonged recovery/rehab period and the permanent limp. *Questions*
(1) What factors should I consider when deciding whether to press charges?
(2) Is there a time limit after the accident within which I should press charges?
(3) Will any settlement for my non-expense damages (eg. limp) be immediately confiscated by the insurance company that paid the medical expenses?

Attorney Answers 11


  1. Best answer

    You can recover money for pain and suffering, disability (now you have a limp, affecting your quality of life), disfigurement, and lost income.

    (1) you don't press charges. you bring a civil suit. your main consideration should be whether you can find an attorney to take your case on contingency, which would mean you owe him/her no money up-front, and nothing if they do not recover.

    (2) yes, it's generally two years in Illinois

    (3) the insurer can only go after their expenses, not any of your damages for pain and suffering, disability, disfigurement, and lost income. this is called "subrogation."

    The main issue will be proving the medical center's negligence. They may argue that you were 100% at fault for the accident, because you tried to get up. But if you did prove their negligence, this could be a legitimate case.

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    This answer is intended as informational only, and does not constitute legal advice or form an attorney-client relationship between us.


  2. You need more assistance than the Q & A forum provides. Consult in person with a personal injury lawyer.


  3. You may have a claim for negligence against the medical center for leaving you unattended, but the facts surrounding the injury will need to be discussed with an attorney. For example, the hospital may claim you were at fault for getting up from the wheel chair. Most claims must be filed within two years of the date of injury (one year if the facility is government owned). Medical facilities typically defend injury claims to the bitter end. As to your 3rd question, any amount you receive would be subject to a right of reimbursement by your health insurer. Good Luck.


  4. You should definitely consult with a qualified Medical Malpractice attorney, like all of us here. The case can be filed within two years of the accident, and subrogation might possibly not have been pressed by your insurance company if time has lapsed without indication of suit.
    Talk to a lawyer.

    Jordan Margolis, President
    The Margolis Firm PC
    55 W. Monroe, Suite 3555
    Chicago, Illinois 60603
    312-236-2201
    jmargolis@themargolisfirm.com

    When An Accident Changes Your Life, We Pursue Justice For You

    Legal Disclaimer: If this information has been helpful, please indicate by clicking the thumbs-up icon below. Mr. Margolis is licensed to practice law in Illinois. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. You may contact the writer with these links: jmargolis@themargolisfirm.com http://www.themargolisfirm.com When an accident changes your life, we pursue justice for you.


  5. Definitely get a lawyer to review these issues with you, as the others said.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
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    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  6. You should certainly have a local lawyer investigate.


  7. Such serious legal consideration could only be properly assessed by a very experienced, trained and knowledgeable personal injury counsel upon a close review of all facts and evidence to see whether your civil case merits filing a suit at all.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  8. 1) There are many factors that you should consider. Too many to adequately address in this forum. You should consult with an attorney to discuss.

    2) The time limit varies depending upon jurisdiction and defendant. In Illinois, the statute of limitations for cases like this is typically 2 years.

    3) Your health insurance company is likely entitled to partial repayment for medical bills it paid on your behalf. This is called subrogation. If you prevail, it is unlikely that subrogation reimbursement will significantly affect you in-pocket recovery.

    Please feel free to contact me directly if you would like more information.


  9. Consult with a local experienced medical malpractice/personal injury attorney immediately.


  10. "Press charges" sounds more like a phrase used in criminal law. This would probably be a civil matter. It appears that you have significant injuries as a result of this incident. You should have a free consultation with an attorney who has experience in handling medical negligence cases. There is definitely a time limit within which to have your case filed. Generally, any settlement will cover medical bill reimbursement and other economic damage as well as money for non-economic damages such as loss of normal life, pain and suffering, etc. Contact an attorney right away. These matters take time. Do not hesitate.


  11. This is NOT a medical malpractice case. That is good news. It is simple negligence. You can certainly recover for ALL of the concerns you note.

    The statute of limitations is two years but I STRONGLY encourage you to act as soon as possible.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com

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