You need to consult with a medical malpractice attorney. I would suggest that you contact someone in the community where the possible claim may have resulted. Go to the "find a lawyer" tab.
You should immediately obtain all your mother's medical records and contact a medical negligence lawyer
This clearly us an error and appears to fall below the standard of care and not be a contemplated risk of this surgery
In Illinois, an expert must review the medical records and determine that the standard of care was not followed and this just let's the case get filed; it doesn't mean you win.
See a lawyer ASAP. Most of us meet and const without obligation or fee and we are governed by a contingency fee
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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.
Surgical cases are amongst the most difficult medical malpractice cases to prosecute because every human body is different, and nobody laid eyes on your insides but the surgeon who did the surgery. That gives him a powerful defense to negligence charges by saying "this is what I saw, and this is what I did based on it." There is also the case of the known risks of this type of surgery - the surgeon probably went through the laundry list of things that could go wrong and had your mother sign the paper by saying it was very unlikely any of these things will occur. Having said that, what you are describing certainly appears to fall below the standard of care, and I would recommend you get the medical records and see a medical malpractice attorney in Illinois who can have an expert review the records. Best of luck, and I wish your mom a speedy and complete recovery
* Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury, Medical Malpractice, or Criminal case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or Fareesh@SarangiLaw.com. If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!
I’m sorry to hear about your mother. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.
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These are exactly the type of facts that should lead you to consult with a medical malpractice attorney promptly. When you see a medical transfer, this should be an immediate red flag. Far too often "risk management" of the hospital may confuse the family or injured person. Know and protect your rights if injured.