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
  • 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.

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