What Happens When Doctors Remove the Wrong Organ or Limb?

 Posted on October 24, 2022 in Medical Malpractice

While most doctors are committed to the careful practice of medicine according to the highest standard of care, doctors are human and can make mistakes. Sometimes these are genuine mistakes of fact, while other errors are the result of careless mistakes, incorrect hospital records-keeping, or practicing under the influence of drugs or alcohol. 

One of the most serious kinds of medical malpractice happens when a surgeon removes the wrong organ or limb, or mistakenly removes an organ or limb that should not have been removed. It can be difficult to believe that such a thing could happen, but such surgical mistakes are not infrequent. Cases like this can result in severe life-long injuries and changes to patient quality of life, including the need for ongoing medical care or job loss. If you believe that a surgeon wrongfully operated on you, it is important to take action right away by consulting with an experienced Illinois medical malpractice attorney. 

How Long Do I Have to File a Case? 

Illinois medical malpractice cases have certain restrictions that make it crucial to take quick action following a medical incident. The statute of limitations for medical malpractice lawsuits is two years from the date you knew or should have known about the malpractice; for patients of wrongful amputation or organ removal, that is likely two years from the date of the surgery. However, even if you did not discover the wrongful surgery right away, you will usually only have a maximum of four years from the date of the surgery to file a medical malpractice suit. 

Before you can even file the suit, however, certain things need to be taken care of. You will need to meet with an attorney and fill out an affidavit stating that you have had a knowledgeable healthcare professional assess your case who agrees that there is merit to your case. This can take time, so it is important to start as soon as possible following an incident, when evidence is easy to collect. 

How Much Can a Plaintiff Be Awarded for a Wrongful Surgery Case?

As with most issues in the law, the answer is, “It depends.” Your damages will depend on the seriousness of the case, the impact it has on your ability to work and earn money, the ways in which it changed your life, and the amount of pain and suffering it caused you. However, there is no cap on economic and non-economic damages, and cases for wrongful surgery often result in significant awards. 

Contact a Rockford, IL Medical Malpractice Lawyer Today

A major surgery gone wrong can have lifelong implications for the victim. If you or someone you love suffered or died because a surgeon wrongfully removed an organ or limb, contact a Winnebago County medical malpractice attorney with Mannarino & Brasfield, A Division of Schwartz Jambois. We will fight to recover the compensation you deserve, whether in negotiations with the responsible surgeon, hospital, or insurance company, or in courtroom litigation if necessary. Call 815-215-7561 today. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-622