Westchester, OH asked in Legal Malpractice and Medical Malpractice for Ohio

Q: I paid my lawyer quite a bit of $$ to sue an ohio doctor for malpractice; lawyer sued the wrong doctor.

I gave my lawyer tons of paperwork; the correct doctor's name is on a lot of the documentation. He sent the ppwk to the main hospital, I told him no the surgery was done in Parma not cleveland. he said it didn't matter. He emails me over the weekend to tell me the THOUSANDS of dollars I spent are in jeopardy, because the doctor he sued has a different first name and an extra s on the end of his name. I have no idea where he dug up that doctor who doesn't even operate in Parma. Anyway, biggest question is: now that the statute of limitations is way past (it was filed in May 2023). WHY is this other doctor just now saying 'hey you are suing the wrong guy'? to give a heads up to the RIGHT doctor? what culpability does my dunder-head lawyer have? If i suddenly lose the case because the SOL is up, can i sue my lawyer for suing the wrong person? I am so sick over this. like, the guy was lame but the only one who would take my case in time to not lose the SOL. Or should i get a new laywer?

1 Lawyer Answer
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: The attorney may be able to amend to bring in the correct doctor and it be deemed within the statute of limitations. Otherwise you may have a legal malpractice case—Consult with experienced legal malpractice attorneys in the state where this occurred.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.