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Do I have a malpractice case against a practice and how do I find a medical expert to clarify a possible over dose?: I took my then 5 month old to her pediatrician for a bad cold. The doctor prescribed her an antibiotic 800mg/ day. I gave medicine on Friday by Sunday I notice my baby's eyes jerking to one side. It would last a short while but she did it several times throughout the day. On Monday my daughter was having a full blown seizure which she was hospitalized for a week. During this time they ran countless test to see what caused the uncontrollable seizures. I told the physicians she started this after I gave her the antibiotics. That went ignored. I spoke with a nurse from another facility who told me my daughter was overdosed on antibiotics that 800mg/day was to much for a 5 month old. I asked both her neurologists about this. One stated that it could possibly have something to do with it that she dont doubt it played a factor but don't know if there were underlying conditions prior to, the other stated not sure it could just be a coincidence. I don't buy that. She was born full term perfectly healthy prior to this. No history of epilepsy on either side the family and 2 genetic test at 2 different facilittes came back negative. I need answers. Help!!!

Asked 7 months ago in Medical Malpractice

Stephen’s answer: I'm terribly sorry that you, your baby and family are going through this ordeal. Having gone through your pregnancy and delivering a healthy baby, you've gone through what you probably feared most. Your baby was presumably intact, and you were looking forward to all the positive developments as your baby grows older. There can't be many more frightening things for parents than having their child suffer any harm, let alone serious ones. The most important thing for you to do is to make sure that your baby receives the best medical attention available to her in order to ensure that she suffers the least permanent damage possible. Experienced and competent medical malpractice attorneys can help you find the medical resources to take care of your daughter's needs. The sooner you consult with an attorney, the better off you and your baby should be. You should work together as a team to gather all of the information, including obtaining and preserving evidence, the medical records and all of the information about your pregnancy, your labor and delivery and your daughter's course of care since birth. The attorney will be able to review that information with proper medical experts to help you learn exactly what happened, whether there is any basis to pursue a case for damages, and how best to help your daughter make the best possible recovery. It is important that you act as quickly as possible, as your daughter's physical condition may be affected by delayed care, and your/her potential case may be impacted by lost or destroyed evidence. You should make written requests for any and all records (either in person or by certified mail, with return receipt requested) of your obstetrician, the hospital (including all fetal monitor records and all records for both you and your daughter) where you delivered your daughter, and each of the medical/hospital providers who have been involved in any way with your daughter's care. You want to be able to document exactly what records you have asked for (any and all) and the date of when the provider received your request in order to enforce your rights to these records under various Illinois and federal statutes. To help educate your attorney, and perhaps to help refresh your memory down the road, you should prepare as detailed a written narrative account of everything that occurred during your pregnancy, the labor and delivery, and your daughter's medical course since birth, and include as many names and contact information for any potential witnesses to these events. You should also begin keeping a diary of your daughter's course from now on, at least until any potential case has been completed. I want to be very clear...you should act now, and at least consult with an experienced and competent medical malpractice attorney as soon as possible. So much of what you and your family are facing is unknown, and because it is unknown, it is frightening. With a good attorney, you should be able to develop a relationship and trust together that will help you get through this very difficult time.

Answered 7 months ago.


How do I file to become administrator of an intestate estate in order to refile a lawsuit.: My mom was injured in a parking lot during a blizzard. A pothole was covered by the snow and she stepped into it while walking to her vehicle. Her leg was broken below her knee and a lawsuit was filed. I, recently, contacted her lawyer and was informed that the law firm is in the midst of dissolution because the owner's license has been suspended and the attorney who was handling her case no longer can practice law. Her case has been in limbo because no one was making court appearances. There are other factors such as, the doctors that attempted to repair her leg caused a permanent infection. She eventually lost the use of her leg and had to use a walker. Also, because of the infection she became bedridden because of the pain caused by walking or standing. This also lead to blood clots in her legs. She eventually passed away April 27, 2016 and we are just finding out that her lawsuit was mishandled by her previous law firm. We want all parties held responsible for the deterioration of her quality life and eventually her demise. I'm looking for a law firm to, competently, complete this case. I am in possession of her entire legal file. We have until December to refile.

Asked 9 months ago in Domestic Violence

Stephen’s answer: First of all, I agree with the others who have urged you to consult with another, experienced attorney before going any further. Immediately. Although your mother was intestate, you must open a probate estate, giving notice to all beneficiaries of the estate, in order to preserve her case. From the facts you've described, it's entirely possible that she may have her personal injury case, which was pursued, as well as a Wrongful Death action, brought on the behalf of the family, and depending on the circumstances, potentially a legal malpractice case available as well. It's a difficult time for you, I'm sure, and there are way too many moving parts for you to be attempting to do this yourself. So, along with the others, I urge you to consult with a competent and experienced personal injury lawyer immediately.

Answered 9 months ago.


Should I pursue a second opinion on this autopsy?: My 55 year old husband died at a chemical plant. The autopsy says he died of natural causes due to heart disease. The autopsy discusses a chemical found on his body, an electrical cord near his left hand with discoloration to the hand and significant injury to the right side of his body. "Natural death?" Nothing about this seems natural.

Asked 10 months ago in Birth Injury

Stephen’s answer: Like the others, I'm sorry for your loss. Unless you have medical training, it at least you're able to understand the findings described in the autopsy report, and the significance of those findings, you should absolutely consult with an attorney who is experienced and knowledgeable in personal injury or medical malpractice issues. The key is in understanding what happened to cause the death. With someone so young, I'd start of being suspicious unless and until you understand the cause of his death. You may or may not have a case that should be pursued, but until the cause of death is established in far more detail than "natural", nobody can know whe there there's a basis for bringing a case, what kind of case or against whom a case might be brought.

Answered 10 months ago.