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Ohio Medical Malpractice Questions & Answers

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Ohio on

Q: I want to know if something is medically eithical or right or malpractice

I’ve been seeing a doctor for at least 12 years due to back, neck, hips, knee pain. I’ve had major back surgery in 2009....rod plus screws. I’ve had my thumb fused. This doctor put me on 3 neurontin a day when I first saw him, and 4 Vicodin’s a day also. Eventually the neurontin went up to... Read more »

Mr. Eugene Ray Critchett Esq answered on Apr 12, 2019

If you have concerns about the sudden changes, try seeing another pain management specialist for a second opinion. However, it certainly is a new trend to decrease the use of pain medications.

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1 Answer | Asked in Medical Malpractice and Personal Injury for Ohio on

Q: 62 y old, prescribed very high doses of 2 strong opioid medications for over 7y. MD gave 60 days to stop. I need help.

For past 2y, I have decreased dosage myself, and aware just stopping could kill me. MD aware but states he can't force others to take over pain control and has left it up to me. 100s of phone calls and as many rejections later,my time is running out quickly. I've even tried and been rejected for... Read more »

Peter N. Munsing answered on Jan 23, 2019

First you can't force a doctor to treat you. Suggest you look for a clinic and see if there is a health advisor who can tell you about the resources you have. My understanding--and I am not a doctor--is that you will not die. You may have a number of issues but death is not necessarily one of... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for Ohio on

Q: My mom went in for an outpatient bronchoscope biopsy, she ended up in ICU. I was told a main artery was cut

Then they tried to discharge her the next finding in an xrays they finally decided to take..she got like volcano pocket of blood near the site

Matthew Williams answered on Jan 13, 2019

You should sit down with a lawyer who specializes in medical malpractice.

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1 Answer | Asked in Medical Malpractice for Ohio on

Q: My father committed suicide after a psychiatrist refused to renew his antidepressant medication. Do I sue the doctor for

medical malpractice or wrongful death?

Matthew Williams answered on Nov 5, 2018

You can have more than one cause of action or claim in a lawsuit.

1 Answer | Asked in Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice for Ohio on

Q: Mom is 66 I have POA,she sold LLC, she was president, now they are trying for her personal assets,she has none,on ssi?

Original buyer never paid full amount for business, we obtained a judgment, our attorney did not act on the remainder due( we will be sueing him- that's another story) they appealed, now they are claiming she hid business assets- untrue, she lost her home, had major medical problems and judgements... Read more »

Peter N. Munsing answered on Sep 12, 2018

I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.

2 Answers | Asked in Civil Litigation, Elder Law and Medical Malpractice for Ohio on

Q: Mom 66 years old, owned LLC, was president- being sued, thinks assets hidden? How can they sue her?

This has been going on for 5 years.. If it is an LLC and she was President ..there was no piercing of the veil.. how can they request a debtors exam?? she is on SSI, home was foreclosed on, she rents an apartment, it was a bar , there were no assets .. She is basically bed ridden, heart attack when... Read more »

Peter N. Munsing answered on Sep 12, 2018

On the mesh implant if the implant was less than two years ago I can get you the name of an attorney who will give a free consult.

On the michigas with the bar, seems that she should contact a bankruptcy attorney. If she's judgment proof no downside; it stops that other litigation.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Ohio on

Q: I never received one phone call form my attorney without me initiating it in an appointment. He hurt my case badly

He sided with the defense several times. Never contacted Drs. or anyone else could help my case

Peter N. Munsing answered on Sep 12, 2018

If your case is concluded then you may have a malpractice case and should seek an attorney who handleslegal malpractice.

1 Answer | Asked in Medical Malpractice for Ohio on

Q: My father in law passed away Feb 2017 due to getting septis and mercia in the hospital. Is there anything that I can do?

He went in for surgery to have a dialysis port changed to the hospital. He was released back to the nursing home. About a week later he was taken to our local hospital because he was sick. We was told then that he possibly had Septsis and they were sending to a more equipped hospital. After being... Read more »

Camille Brooks Ibrahim answered on Jul 18, 2018

Essentially, that could be a wrongful death claim depending on his cause of death.

1 Answer | Asked in Medical Malpractice for Ohio on

Q: If you were given too much anesthesia during a routine outpatient surgery are there grounds for a suit?

Too much anesthesia resulted in fluid in my lungs and a partially collapsed lung and an had to be admitted for almost two days and the inability to awaken me for many hours after the surgery. The anesthesiologist came to visit me more than anyone who participated in the surgery. Also, what is the... Read more »

Camille Brooks Ibrahim answered on Jul 5, 2018

The statute of limitations in Ohio is a year. Depending on the damages, if any, you can file suit.

1 Answer | Asked in Medical Malpractice for Ohio on

Q: dentist did a poor job with an extraction, damaged my mouth seriously, got infected did not prescribe any meds

For starters the over all work was poor quality. Broke a tooth off in the bone making extraction more difficult and painful, left a partial tooth in one of the sockets of an extraction, it got infected, the pain and discomfort from the infection induced sensitivity and prolonged damage suffered is... Read more »

Matthew Williams answered on May 22, 2018

If all that is true, yes.

1 Answer | Asked in Medical Malpractice and Personal Injury for Ohio on

Q: Failure to medically diagnose due to mental illness stigma?

A patient tears rotator cuff, also has non related 10% compression fracture of t7 vertabrae; sees primary care, and spine specialist. Patient also diagnosed with mental illness. MRI's / Xrays of the spine, the patient is sent to PT for the should and neck causing symptoms worsen. No follow up on... Read more »

Peter N. Munsing answered on Feb 20, 2018

Yes but.....Big problem is twofold--lack of good orthopedic care but here there are two schools of thought; generally preference now is to not do surgery;

Second, biggest problem is statute of limitations. When should the person know if they have issues and doctor tells them it's something...
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1 Answer | Asked in Medical Malpractice for Ohio on

Q: I got injured overseas on vacation and had to have surgery. The surgery didn't go well and I'd like to file a claim for

medical malpractice. Do I have to sue them in that country or can I do it back home in Ohio?

Peter N. Munsing answered on Nov 15, 2017

Unless the doctors practice medicine here you'd have to bring suit--if it's permitted--where it happened. Not every country has such cases.

1 Answer | Asked in Medical Malpractice for Ohio on

Q: If i had squamous epithelium cell in my its on in 2010 was never told about it 6yrs later I get squamous cell carcinoma

If the rt breast now If they knew and did not tell me now I had to under go a double mastectomy which I feel could of been prevented had i knew these cells was in me what can I do

Peter N. Munsing answered on Sep 1, 2017

Contact a member of the Ohio Assn for Justice in your area that handles medical cases. Much depends on what they saw in 2010. Get your medical records.

1 Answer | Asked in Medical Malpractice and Products Liability for Ohio on

Q: My father was a smoker. He smoked cigarettes, cigars and a pipe, which caused my premature birth.

I am convinced that my father's smoking also caused the deaths of my unborn siblings. My mother had twins and two other siblings who died stillborn.

Because of my prematurity, I have had vision problems due to too much oxygen used in the incubator.

Could I pursue this in a lawsuit... Read more »

William Head answered on Aug 10, 2017

Your message left out a LOT of important data. Very few attorneys would tackle this type case, but one (in California) might.

Contact Brian Witzer at 1-888-948-9348 or 310-777-5999

Tell him you were referred by William Head from Atlanta, GA

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Small Claims for Ohio on

Q: Vet malpractice small claims court advice.

I took my dog to the vet. The vet did an Xray and said there is a foreign object that needed to be removed. The vet did the surgery and found that it was a dog treat which i told him i had given him before i left home and also asked if we could induce vomiting for the object. They still want me to... Read more »

Joseph Jaap answered on Jul 17, 2017

The case would be decided on the evidence and testimony that you present in court. The vet would present evidence of giving reasonable care under the circumstances. The court would then decide if you met the burden of proof with a "good case." Small claims court can decide cases claiming up to... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Ohio on

Q: I live in ohio,went to a neurologist for pain for 7 yrs. He dischgd me and I can't get care w/other physicians. My drug

My drug test was clean and i passed a psych evaluation.

After discharging me he called the police and told them i was suicidal, which was not true. It was traumatizing to me and our kids to have 6 officers at our door. (They apologized)

He also won't provide access to my records,... Read more »

Peter N. Munsing answered on Jun 20, 2017

Don't know if your state has a medical ombudsman. You can file a complaint with the state medical board to get your licenses. Assuming you have a personal physician, ask her or him if they can get some feedback. But a doctor can't be compelled to treat someone.

2 Answers | Asked in Bankruptcy, Divorce, Medical Malpractice and Social Security for Ohio on

Q: Can I file for bankruptcy after I've filed for social security disability

Stuart Nachbar answered on May 18, 2017

Yes, you can file for Bankruptcy. Social Security Benefits are exempt from Bankruptcy and Creditors

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1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Ohio on

Q: Do I have a lawsuit if EMTs used narcan on my brother even though he wasn't overdosing on opioids??

My brother died and the cause of death is undetermined... We have to death certificates one says narcan was used the other says it wasn't we have witnesses saying they saw EMTs use it on him.

Joseph W. Stadnicar Esq answered on Apr 17, 2017

This response is general in nature and you should seek the counsel and advice of an experienced Ohio lawyer to review all the aspects of your case. Do not rely on this answer as it is based on limited information.

Ohio's Political Subdivision Tort Liability Act creates a significant hurdle...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Ohio on

Q: Can I sue a dentist for improper treatment?

Peter N. Munsing answered on Mar 18, 2017

Depends on the cirumstances, but few attorneys handle dental malpractice and fewer take cases that have no significant harm from the result. Start by contact a member of the Ohio Assn for Justice--they give free consults.

1 Answer | Asked in Medical Malpractice for Ohio on

Q: I just had my 3rd knee surgery on the same knee in 9 months, for the same condition.

I had a torn meniscus, and had surgery May 31st to fix that, and I had an extra bone removed from my knee. A month after returning to work, I started having the same pain and went back to the doctor. Scans showed another torn meniscus. I had a second surgery on Oct. 11, a month after surgery I... Read more »

Matthew Williams answered on Mar 4, 2017

You should sit down with a local medical malpractice attorney. Most will review your case for free, and if they find legal grounds for a suit will take it on a contingency basis. You've got nothing to lose by having it reviewed.

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