Ohio Wrongful Death Legal Questions

Probably not.  Ohio has a two year statute of limitations for wrongful death claims.  That being said, there may be factors which have tolled the state of limitations.  I recommend sitting down with an attorney experienced in this area to review the situation in detail and advise you. Best of luck.... Read More

Probably not.  You're going to run into problems with the statute of limitations.  If there are some extraneous facts which would have tolled the SOL, there may be arguments to be made, but it's going to be an uphill battle.  For a definitive answer you're going to need to sit down with an attorney so her or she can review your situation in detail and advise you. Best of luck.... Read More

A competent personal injury lawyer cannot adequately evaluate a case based upon information posted on a forum such as this.  My best advice for you would be to contact a competent and experienced personal injury lawyer in your area.  Only after gathering all of the information about your dad and the circumstances surrounding his death would a lawyer be able to adequately and fairly evaluate the case.  And regardless of how intelligent you are, a layperson simply does not have the necessary knowledge to handle a medical malpractice case on their own.  Medical malpractice is a very specialized area of practice, and there are many lawyers who are not even competent to handle them. As to the statute of limitations, you are incorrect about it being two years.  Under Ohio law, you only have one year from the date the cause of action accrued to file a lawsuit for medical malpractice.  See R.C. 2305.113.  However, because your father died, there are two statutes of limitations applicable. First, for your father's conscious pain and suffering from the date of his injury until the date of death, you have one year from the date the cause of action accrued to file a lawsuit. Second, for the wrongful death claim, which is for the injuries and damages suffered by the surviving family due to the decedent's untimely death, you have two years from the date of death to file a lawsuit against all responsible parties. Also, you must have an executor/administrator of the estate appointed by the probate court before you can even file the lawsuit. Hope this helps.  You should contact an attorney immediately, as time can quickly run out, and it takes a considerable amount of time to properly investigate a claim and get a case ready to file.  This includes the need to have the case reviewed by an expert(s) physician to obtain the necessary affidavit of merit required in all medical malpractice cases. Best of luck, and very sorry for your loss.  ... Read More

Statistically, a 23 week old babu is going to have an uphill battle to survive. Although it is possible to arrest labor, an attorney would really have to have a better understanding of the facts and circumstances surrounding the delivery to know whether the physician committed malpractice. It is possible that the physician came to some conclusion that the baby had to be delivered notwithstanding the poor prognosis because its prognosis was even poorer if it was not delivered.  likely would not have survived if it wasn't delivered. Also, it is possible that the baby would have put mom at risk if it stayed in. To know the answers to these questions, someone will have to look at the records. 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.  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 More