You could trust your medical team after they say everything went well. But what if something feels wrong, months after the procedure? You could experience unexplained pain, unusual symptoms or mysterious complications. In worst-case scenarios, you might even discover that your surgery resulted in lifelong complications. A critical error might have occurred during your procedure.
This situation is more common than you might think. It is important to know that you have rights under Illinois law.
Immediate actions
Firstly, seek medical attention right away. Your health is your priority during such a situation. Visit another healthcare provider to evaluate your symptoms and document what is happening. Be honest about your concerns and the timeline of events. This new medical professional can provide an objective assessment and create crucial medical records that may support your case later.
Under 735 ILCS 5/13-212(a), the discovery rule provides 2 years from the date of discovery. However, an absolute 4-year statute of repose (calculating from the date of the negligent act regardless of discovery) acts as a limit.
If a surgeon left a surgical instrument inside your body, the clock typically does not start until you discovered or reasonably should have discovered this fact. This gives you more time to discover your injury.
Document everything
Start gathering all documentation related to your original procedure and current symptoms. This will help you build your case if you need to provide any evidence that points to the procedure as a cause. Some examples are:
- Medical records from the original procedure
- Bills and payment records
- Photos of visible injuries or complications
- A detailed journal of your symptoms, including dates and severity
- Any communication with the original medical provider
If you had not collected evidence because you did not suspect that anything went wrong, start now. You can still build a strong case with proper documentation moving forward.
Seek legal assistance
This is perhaps the most critical step. Medical malpractice cases are complex, requiring extensive medical knowledge, testimony and understanding of healthcare standards. You may need an Illinois legal professional to help you with your case.
A representative experienced in medical malpractice can evaluate whether you have a viable case and navigate legal complexities on your behalf.