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can i sue a doctor for not doing a surgery right and causing me not to breathe from my nose!

1 Answers. Asked on Jun 21st, 2012 on Medical Malpractice - Illinois
More details to this question:
ok the doctor did recontruction surgery back in 2209 and told me it was fixed and that i would be able to breathe correctly but after surgery i went back and told him i cant breathe out of one side and he said that he dont see a problem with it i recently had a sleep study done and they checked my gas levels and so when i went back to my primary doctor to dicuss my levels thats when he told me that one side has a small opening that is why i cant breathe out my nose and he sent me to a specialist in springfield and now i have to go to another plastic surgeon to have it correctly fixed and they have to cut a piece of cartliage from my ear or rib to fixed my nose i have gone to much pain and not breathing right because of this and i believe how can a doctor get paid for doing a surgery when it wasnt done right! so im wanting to know can i sue him for his mistake!
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Answered on Jun 21st, 2012 at 12:24 PM

The most honest answer I can give you is maybe.  In order for a lawyer to properly evaluate your potential case, he or she will need to look at your medical records.  In your case, this would include the records of the doctor who did the first surgery, the sleep study results, and the records of your primary care doctors.  The records are necessary because the lawyer will need a letter from a expert in order to file your case, and s/he won't be able to get this letter without the records.  He or she also need to evaluate the case to make sure that the case has enough value to make up for the fact that medical malpractice cases are really expensive to work up and try.

I urge you to see a lawyer quickly-- even if you don't have the records, he or she may be willing to help you gather them.  A statute of limitations applies to your case and, although I don't have enough information to know what that statute date is, I know that there's nothing to be gained by waiting.  I wish you the best of luck.

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Medical Malpractice
Have you been injured as a result of a doctor, nurse or other healthcare provider's mistake, misdiagnosis or professional negligence? If so, you may be entitled to compensation for your injuries under your state's medical malpractice and personal injury laws. Medical malpractice claims can arise from a doctor's failure to diagnose a health condition, misdiagnosis, medication error, negligent behavior or mistake during childbirth that causes birth defects. Medical malpractice attorneys can review your medical records and help determine whether your have grounds for a lawsuit. If appropriate, your lawyers can file a lawsuit, attempt to negotiate a settlement on your behalf and represent you during trial, if a settlement can't be reached.
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