QUESTION

Do I have a case?

Asked on Feb 06th, 2013 on Medical Malpractice - Ohio
More details to this question:
My nurse discovered that she inserted the caterer in the wrong hole and casued me to have blood in my urine several days later I had to go to the emergency room and they said as a result of the caterer I got a UTI which was very painful. I wazs put on sonme very strong antibiotics. The hospital is aware of all that transpired
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1 ANSWER

Auto Accident Attorney serving Maumee, OH
2 Awards
Although the nurse may have acted below the accepted standards of care by inserting the catheter improperly (i.e. was negligent), you most likely do not have a case worth pursuing from a legal and economic standpoint.  In Ohio, all medical malpractice cases must be reviewed by an expert who practices in the field of the alleged negligent medical care provider.  This expert must state two things in a document known as an Affidavit of Merit.  One- that the alleged negligent medical care provider was in fact negligent, and Two- that this negligence caused injury to the complaining party.  Without this Affidavit of Merit, you cannot pursue a lawsuit in Ohio. Unfortunately, obtaining these Affidavits can be very expensive.  Pursuing a medical malpractice case can costs tens of thousands of dollars.  As such, the injuries must be severe enough to justify spending the money necessary to pursue the claim. Based upon what you stated in your question, it does not appear that your injuries would justify spending the amount of money necessary to pursue the case.  That is not to diminish your injuries and pain, but from an economic standpoint, you would more likely spend more money than you could ever recover from the negligent party. This is only my opinion of your claim, and other attorneys may have differing opinions.  If you do wish to pursue your claim or would like more advice, I would suggest that you contact an experienced attorney as soon as possible.  You have a very limited time under Ohio law to file a medical malpractice claim, so do not delay in speaking with an attorney if you would like to pursue your claim. Best of luck.
Answered on Feb 11th, 2013 at 12:44 PM

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