Can I still sue a surgeon for medical costs? 1 Answers as of March 17, 2011I had tooth pulled in 2008. That caused a sinus fistula. The oral surgeon told me for 2 years it would heal on its own. I've had 5-6 sinus infections. My family doctor called the oral surgeon about my fistula and the surgeon said it would be fine. My family did not think it was fine and referred me to an ear nose and throat specialist. The specialist said the oral surgeon should have repaired the fistula within thirty days of surgery. Now I need another surgery to repair the fistula. Can I sue surgeon for medical costs? I know in Illinois that the statue of limitations is 2 years or 2 years from time malpractice was discovered. Can I still file?
Allegretti & Associates | James L. Allegretti
The stat of lim will be a problem but you may overcome it by showing that you could not discover the negligence until later or that the physician concealed it. I think you have a difficult case because you knew of the problem and you are now 3 years out form the act.
Answer Applies to: Illinois