Ohio Medical Malpractice Legal Questions

It is difficult to answer your question because the absence of detail. Did you report to the doctor and complain of symptoms that warranted an examination of the lymph nodes? If so, then it is possible you have a case worth investigating, but first determine what the biopsies show. If they are benign, then you have no reason to investigate a medical malpractice case.  The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case 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. 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.  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 expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

It is probably a little too early to question whether you have a medical malpractice case. Finish the therapy program, and if you still have residual deficits and you are not getting answers to your questions, seek a second opinion from an doctor who performs carpal tunnel surgery, preferably a couple of towns away from where your doctor practices. If that doctor tells you that you need additional surgery, or that you suffered nerve damage, you may want to investigate a medical malpractice case.  If you want to investigate a malpractice 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

I am sorry to hear about this.  There is a  high likelihood that your statute of limitations has expired.  It is likely that Ohio has a statute of limitations of 2 years for medical malpractice claims.  Thus, if it has been more than 2  years since the incident you are wishing to sue about, your statute of limitations may have expired.  The statute of limitations would not be changed or paused just because a lawyer dropped your case after holding on it to for some time.  I encourage you to find an attorney in the area that can advise you of such with more particularity.  I cannot do so because you have not provided the dates or facts that would be needed and because I am not familiar with Ohio state laws.  However, I fear  your statute of limitations has expired.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read Answer

Not all bad outcomes are equivalent to malpractice.  Some risks are inherent and can occur under the best of care.  Further, even if there is malpractice, the damages have to be great enough to warrant the costs that will be incurred in bringing a malpractice action.  Those costs include retaining experts in the medical care involved that will be willing to testify against one of their colleagues.  Usually a collapsed lung is easily fixed by inserting a chest tube, and there are no long term health effects that would warrant a law suit.  Therefore, only if your mother experienced a dramatic outcome from the collapsed lung would there be a reasonable possibility of  recovery.... Read Answer

Normally a doctor and hospital has to obtain informed consent before rendering care.  The broad exceptions are in emergencies or natural extensions of procedures.  his admission sounds as if it would have fit within the emergency exception rule.  However, within 2 days certainly someone should have talked to you if you were legally married.  That said, it doesn't sound like you have much of a case for lack of informed consent, but perhaps you should ask an attorney to investigate the cause of your husband's death.... Read Answer

It is hard to tell you whether it is a viable medical malpractice case. When patients have uncontrollable pain and no hope of recovery, doctors will often increase pain medication to the point where it causes respiratory distress. The doctor is trying to provide relief for the patient who is suffering and waiting to die, and it is a very fine line. I think the issue you need to focus on is what was your Dad's prognosis? If he had a chance of recovery, then I would definitely investigate a malpractice case. If he did not, then I do not think you have a viable case on damages, and probably not on liability either, given the circumstances.  If you do 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You may have a medical malpractice case against your physician or a claim against the pharmacy depending on where the mistake originated.  If they question will be whether your case is financially viable. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.   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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It is hard to tell you whether you have a financially viable case. Assuming the doctor negligently failed to treat the infection, it really depends on how that damaged you.  Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.   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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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, New Jersey 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Post-op infection cases are difficult because in many circumstances, the infection is an accepted complication of the procedure because infections can occur even in the absence of negligence. If there is a case, it is usually because the attending physician failed to respond in a timely fashion to mitigate the damages caused by the infection.  While your facts suggest that the infection might have been precipitated by a negligent surgical mishap, if the antibiotics cure the problem in my view you do not have a financially viable case. Another attorney might think differently, because the issue of financial viability is a judgment call and lawyers have different standards for making this decision.  If you want to investigate a case 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.   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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Hospital should have protocols in place to deal with symptoms consistent with a heart attack.  If you Google "chest pain protocol" you should get some idea of what should have been done in your circumstances.  Whether you have a viable malpractice case depends on the damage that was caused by the delay in treatment.  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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

In Ohio you normally have one year to bring a medical malpractice action.  That time period may be extended by 180 days if you forward a "notice letter" of your intent to bring suit to the potential defendant(s).  However, the initial one year period does not begin to toll until you either discover the negligence or reasonably should have discovered the malpractice, whichever is shorter.  An attorney should be able to tell you if you still have a viable claim.... Read Answer

You may have a case to bring against the hospital and treating doctors.  You should contact an attorney to further discuss your situation.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

As a starting point, you need to determine whether the treatment provided by the hospital fell below acceptable standards of care.  This is a determination to be made by an expert (i.e. a doctor specialized in the injuries/treatment at issue).   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

The hospital may have some liability depending on if the hospital operates the laboratory that did the testing.  If the laboratory is independent from the hospital, then the hospital may not have any liability.    Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer

I am sorry to hear about this.  What you would need to prove is that the delay resulted in additional damages to your wife.  It would have to be something like the delay caused the heart to have additional blockages which were not able to be repaired or made repairing more difficult or something like that.  It would probably have to be something more than just her waiting, pain, suffering, anxiety, etc. over those 5-10 days.  If the delay did cause additional damages then you might have a case.  It may be worth the while to get her medical records from the time she was admitted to the time she was released and contact a local attorney who  handles medical malpractice cases in  your area.  I will tell you that these cases are very difficult and the fault must be clear (which it seems it is here) and the damages essentially catastrophic (which is where you may have an issue). This is because most state laws make it very difficult to sue or take action against a hospital, doctor or other health-care provider.  Please also note that you are probably limited to a two year statute of limitations from the date of the harm to bring a suit against the responsible party.   Most consultations with attorneys are free so request the medical records and start calling around. You should be able to find someone who will review the records and give you more detailed information.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read Answer

You have one year from the date of occurrence or when the malpractice should have been reasonably discovered.  The time can be extended by 180 days if a notice letter is timely forwarded.  If the malpractice results in a death, you have 2 years from the date of the death subject to a more limited discovery analysis.... Read Answer

It sounds like you have a potential medical malpractice claim given the outcome of the surgery. Not every surgical mishap is negligence, but you would expect somebody operating with robotic equipment to be able to avoid this kind of outcome. The question is going to be whether you are left with any permanent damage. If you are not, then even though the Dr. may have done something wrong you might not have a financially viable case. You should contact an Ohio medical malpractice attorney. They charge fees on a contingency basis and therefore their initial consultation should be free of charge. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case, which discusses the issue of financial viability. Click here for an article that discusses what patients can and should expect when filing a medical malpractice lawsuit.   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 Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

You would probably need a medical malpractice or medical negligence attorney for this matter.   I regret that I cannot provide you any further information based on the lack of detail in your posting.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. ... Read Answer

You would have to explore the option of a medical malpractice suit against the doctor.   The doctors treatment would have to fall below the standard of care for this kind of treatment.  Talk to your foot doctor about it in those terms and see if he agrees.  If so, you may consider getting your medical records from the original doctor and the new foot doctor and contacting local attorneys in your area.  Contact attorneys who do medical malpractice work and see if you can get a consultation (most are free).  The attorney will likely want to review the records before giving you any concrete advice.  Medical malpractice cases are very time consuming, expensive and usually require the hiring of an expert witness prior to even filing suit.  Most state laws make it difficult to file actions against health care providers.  Also, most of the case relies on what is in the records, which is why the attorney will likely want to review them.  Note that you may have a two year statute of limitations from the incident to bring any action - but a local attorney will know your state laws better and be able to provide more detailed information regarding your state laws.  Best of luck.  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read Answer

I am sorry to hear about the problems you have been having.  I would definitely contact a local attorney who handles medical malpractice cases.  It is hard for me to tell you much other detail since I cannot review your medical records and do not have all the specific details of your case.  But I think it is worth contacting an attorney and having them review your medical records.  I would start calling local attorneys in your area and see if you can get a consultation (most are free).  They may want you to bring in your medical records but some may get the medical records for you if you sign a release.  Just call around and start inquiring.  Most state laws make it pretty difficult to sue a doctor or other health care provider which is why attorneys usually want to review the medical records prior to telling a potential client if they think they can assist them.  Most state laws require the hiring of an expert witness as well.  I would start calling local attorneys as soon as possible and start requesting your medical records related to this as well.  Also, it is important to note that you are limited in the amount of time you can bring an action -- likely 2 years in your state from the date of the colon perforation.  However, a local attorney will be able to help you determine more precisely this limitation.  I hope this information helps.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. ... Read Answer

I am sorry to hear about the problems you have been experiencing. Unfortunately, I am probably not going to be able to give you a complete answer based on the information you have provided here.  This is because it would likely depend on when you were made aware of the issues you have been experiencing that you believe is the result of the spinal tap.   For example, if you have had problems since the spinal tap 7 years ago, then you are probably barred from any kind of case/action by your state's statute of limitation.  You were likely limited to a two year statute of limitations from the date of the spinal tap.  However, if you just recently found out about the injury then your limitations period may not have started to run until you discovered the problems.  However, you are likely still limited to 2 years from the date you discovered it.  See, Ohio Revised Code, Title 23, Ch. 5, Section 2305.10.  However, if you are still interested in pursuing a possible action, you would need to seek medical treatment related to your injury and see if any doctors believe that the spinal tap caused your injuries. You would also need to seek the advice of a local medical malpractice/personal injury attorney.  Medical malpractice cases are very difficult and most require the hiring of an expert witness. Thus, I would recommend the hiring of an attorney. However, the most  important thing is to take care of yourself first so be sure and seek medical attention if you have not already.  I hope this information  helps. Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read Answer

It sounds like the nurse's intentions were good. That aside, I think the person acting incorrectly was the doctor who signed off on the prescription without seeing the patient. I do not think you have a financially viable malpractice claim. Click here for an article explaining the things an attorney takes into consideration when deciding whether to investigate a medical malpractice case. 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 Skype: john_ratkowitz Web: www.starrgern.com... Read Answer