QUESTION

I am a 62 year old female. My primary care physician did not read my pre-op chest x-ray before I went in for a major spinal fusion at Lake Forest Hos.

Asked on May 22nd, 2012 on Medical Malpractice - Illinois
More details to this question:
The primary care (PA) called me 3 1/2 weeks after my surgery to say that my x-ray showed a 1.6 cm spot on my left upper lung. She said it was on her desk and they were in transition moving to a new office. She said to not worry and to make appt in a couple of weeks when she was settled in new office. I waited until the next week and got a CT scan. It showed nodule 1.6 cm. I was referred to Thoratic surgeon who said he was 90% sure it was lung cancer. He has ordered a PET scan for Fri and wants to do surgery immediately. I am still recovering from spinal surgery. I would never have had spinal surgery if I had known about this X-ray. I have already lost 6-8 weeks of work and now I will lose another 4-5 weeks more at least. Do I have a case for Medical Negligence? I am on disability for my back. That is my only income. Help! I need a lawyer in Lake County Illinois. Thank you
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1 ANSWER

Personal Injury Attorney serving Chicago, IL
Partner at Lane Brown, LLC
2 Awards
Dear Anonymous: I'm sure you must be going through extremely difficult times, and I'm sorry you have to do that. The question of whether or not you might be able to establish a basis for a malpractice case depends on a few factors that beg the question of whether it is worthwhile to bring one. Technically, you have to prove that the health care provider failed to possess and exercise that degree of care, skill and expertise which would have been possessed and exercised by a reasonably prudent practitioner under the same or similar circumstances. That is the negligence or "malpractice" part of the equation.  You also have to prove that that negligence was the cause of your injuries. If you can prove both of those elements, then you have proven the technical requirements to bring a case. However, these are very expensive cases to bring, and the damages that were caused by the negligence must be substantial enough to justify the kind of award that would justify the costs of prosecuting such a case. In most medical malpractice case situations, the patient-plaintiff bringing the action often has litigation-related expenses of at least $40,000-$50,000, and oftentimes MUCH more. In your case, from the facts you've given, it is hard for me to say if your damages are extensive enough or not to justify bringing a case. I would need to know a great deal more about your economic losses that resulted, the impact on your health, the delay of the lung cancer management and what that has caused in terms of your prognosis, and more.... 
Answered on May 24th, 2012 at 1:13 PM

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