What are my wife’s rights if she was injured due to a botched surgery?

UPDATED: Sep 29, 2022

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What are my wife’s rights if she was injured due to a botched surgery?

Just over 3 years ago, my wife had a bilateral adrenalectomy BLA to cure Cushings disease. The adrenal glands sit on top of the kidneys. The surgeon was in a using a scope for the operation. He ended up severing a main artery to my wifes Left kidney. The kidney is now infarcted with approx. 1% function and she is now on pain management for the rest of her life. Do we have a case? The surgery took place in another state.

Asked on October 16, 2015 under Malpractice Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your wife has a medical malpractice case subject to the applicable statute of limitations as discussed below.
Medical malpractice is negligence.  Negligence is the failure to exercise due care that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.
The statute of limitations deadline for filing a medical malpractice lawsuit in IL and WI is as follows
IL 2 years from discovery but not more than 4 years from the act
WI 3 years from injury or 1 year from reasonable discovery, not more than 5 years from the act.
Since more than 3 years have elapsed since surgery, when did your wife discover her limited kidney function? That will determine whether or not the statute of limitations has tolled expired and if it has not expired, whether to file the lawsuit in IL or WI.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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