Ohio Medical Malpractice Legal Questions

Yes, based on the information provided, it sounds like your sister does have a case.  One of the first questions in every med mal case is always "Did the provider's treatment fall beneath the accepted standard of care?"  In other words, "given all the information available to the provider, did the provider fail to act reasonably under the circumstances?"  That is always a very fact-specific inquiry; however, based on your description, it sounds like the doctors who treated her at the hospital were unreasonable to assume that her symptoms were all related to diabetes and that it was unreasonable to fail to refer her to a neurologist earlier. She is welcome to call me at 888-434-2912 to further discuss the possible case. Thank you, Kim Beck, Beck Law Center   Attorney Advertisement.  Beck Law Center’s responses are intended to provide general information and should not be construed as creating an attorney/client relationship.  Therefore, it may not reflect the current law in your jurisdiction.  It is not intended as a substitute for legal advice.  Further, this correspondence is not protected by privilege.  No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.... Read Answer

Ah yes, I know Wellington.  Based just on the information provided, it sounds like your surgeon was negligent in bracing your ankle after surgery.  You can sue a doctor for negligence.  A number of factors could affect the value of your case including: whether you followed the surgeon's post-surgery instructions, whether you have diabetes or another condition that could affect healing, whether the doctor took your condition into consideration when providing care. Your next step is to get your medical records from the surgeon and the doctor who performed your surgery and the doctor you have been working with since your surgery.  I generally collect medical records for my clients, but medical providers are particularly slow in responding to lawyers right now.  I find the patients can obtain records faster. You should also discuss your case with a lawyer. ​Kimberly Beck Beck Law Center 201 E. 5th Street, Suite 1900 Cincinnati, OH 45202 kim@becklawcenter.com 888-434-2912 ... Read Answer

Hopefully, your daughter was diagnosed in time to be treated successfully. The real question here is one of timing. Did the  delay in obtaining a proper diagnosis cause irreversible irrepairable additional harm to your daughter?  Four months may not be as important in a slow-growing tumor as it would be with a fast-growing tumor.  These are questions that can only be answered by a medical expert. If you would like to discuss this case with one of our attorneys, we can be reached at 1-800-792-1480. In any case,  we wish your daughter the very best of luck. ... Read Answer

 Contact a medical malpractice attorney in your area immediately. You have one year from the date of discovery to file any action. Keep in mind that medical malpractice cases are extremely difficult to prove and extremely expensive to pursue. Normally, for economic and legal reasons, unless there are extraordinarily  serious injuries or death,  it's just not practical to pursue them. You can thank the Ohio legislature for putting up roadblocks to medical malpractice actions. ... Read Answer

You would not expect hardware to fail within two years so a reasonable suscpicion is that it was either installed incorrectly or manufactured incorrectly. The idea that the doctor will not release you to return to work unless you sign away your rights is obviously ridiculous.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.              Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me.     Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

 You may well have an actionable medical malpractice case. It depends on a number of factors including the nature and extent of your recovery. Typically, you only have one year to file your claim. There are exceptions. Feel free to call our office and ask to speak with one of the attorneys. 1-800-792-1480.... Read Answer

If a dentist broke your husband's jaw by applying too much force then you may have a case, although there is going to be a question about whether it is financially viable. Articles below explain this in more detail.  If you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

Your best bet would be to return to the surgeon who performed the reduction surgery and discuss your concerns with him or her.  Until you know for sure whether the poking is from a foreign object (i.e. needle, surgical tool, etc), there is no way to know whether medical malpractice has occurred.  Once you find out the cause of the discomfort/poking, if you wish to discuss a malpractice claim, please feel free to contact me and I would be happy to discuss with you. Best of luck. Joe... Read Answer

You should speak with a malpractice lawyer.  You only have a limited amount of time to pursue the claim on your son's behalf, and it is very important to gather the information needed to review and pursue the claim as quickly as possible.  If interested, you are welcome to contact our firm and we would be happy to discuss your claim with you. Best of luck.... Read Answer

It is difficult to properly evaluate your case from a legal standpoint in an internet forum.  This is because all malpractice cases are extremely fact specific and unique.  The best advice that I can give you is to consult with an experienced medical malpractice attorney so that he/she can discuss the specific facts with you, review the medical records, and ascertain whether legal action is appropriate given the circumstances of your case. You should do so very quickly though.  In Ohio, medical malpractice cases have a very short statute of limitations, sometimes as short as one year from the date of the alleged event that caused the injury.  This time can sometimes be extended, but it is never a sure bet.  So you should consult with an experienced malpractice attorney right now.  These cases take a considerable amount of time to evaluate and investigate, and there is such a limited amount of time to do so.  Do not delay.  Call an attorney today! Best of luck to you and your husband.... Read Answer

It is too difficult to ascertain whether or not you have a potential claim against the rehab facility without reviewing the medical records.  It would be in your best interest to have an attorney discuss this matter with you personally and properly advise you after having a chance to fully investigate the circumstances of your wife's potential claim.  You have a very limited amount of time to pursue a claim against all responsible parties, so I would advise that you do consult with an attorney as quickly as possible so that you do not miss the firm deadline to pursue the claim. Best of luck.... Read Answer

To be perfectly honest with you, Ask-A-Lawyer is not the proper forum for addressing the merits of your potential malpractice case.  Only a qualified lawyer who has reviewed all the facts and medical documentation can adequately advise you whether or not you have a valid claim for medical malpractice.  You need to contact a qualified lawyer in your area and discuss this with him/her. You do need to know that you have a limited amount of time to pursue this claim.  This is known as the statute of limitations.  Under Ohio law, there are two statutes of limitation applicable to your case.  One is for your mother's conscious pain and suffering from the time of the alleged malpractice through the date of her death.  The statute of limitations for this is ONE YEAR.  The second is the family members claim for damages because of her wrongful death.  The statute of limitation for this is TWO YEARS from the date of death. If a lawsuit is not filed within these time frames against all responsible parties, your claim may be time barred and result in no compensation being paid. There are possibly some exceptions to these time limitations, so you need to contact a qualified attorney so they can properly advise you on the exact date that a lawsuit needs to be filed.  And you should do this sooner rather than later. These cases can take several months to properly evaluate.  If you think you have a potential claim, you need to be calling an attorney right now.  A month has already passed, so time is of the essence. Best of luck.... Read Answer

If you did not suffer permanent harm as a result of the mishap, you probably do not have a financially viable medical malpractice case. The articles below explain this in more detail.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer