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Ohio Medical Malpractice Questions & Answers
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
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... Read more »

Peter N. Munsing
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...
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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
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
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... Read more »

William C. Head
William C. 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
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... 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... Read more »

Peter N. Munsing
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
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
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...
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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
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
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.

2 Answers | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Ohio on
Q: Malpractice in Ohio .

I had surgery January 5th of 2016 my last office visit with my surgeon was January 25 of 2016 . My nerves were not healing properly in his office noted that it would take up to at least a year for them to return . Recently it's causing me suffering I can no longer work. I went to see another... Read more »

Matthew Williams
Matthew Williams answered on Feb 28, 2017

You are probably not too late. Statutes of limitations are measured in years. It is, however, important to speak with an attorney as soon as possible to get the ball rolling on your claim.

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1 Answer | Asked in Medical Malpractice for Ohio on
Q: My 2 year old son's doctor saw him 1/9 scheduled surgery to remove his tonsils 2/9 It was then pushed to 2/13. At the

Time of the surgery, he sent us home saying he had to be 3 or inpatient to perform this surgery. Is this negligence?

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2017

The doctor didn't do anything other than give you a choice. No malpractice here. Clumsy patient handlng but not more than that.

1 Answer | Asked in Medical Malpractice for Ohio on
Q: What steps do I need to take to get my best friend legal assistance for medical malpractice.

I'm writing on behalf of my friend who was diagnosed with cancer about 6 years ago. She was on hospice for 5 years retested and found to have fibroids. there is no clear 1 year medical malpractice timeline here.

The time spent in bed not eating from depression and what not caused her... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 27, 2017

Look for a member of the Ohio Assn for Justice--they give free consults. She may have a statute of limitations case. A lot depends on who tells her what, when.

1 Answer | Asked in Medical Malpractice and Health Care Law for Ohio on
Q: The Dr. told me my lab results from the hallway where everyone could hear. Do I have a case?

I was refused pain medication after being transported to the hospital by ems for passing out from severe pain. The nurse was very rude and no one gave me a proper exam. I told them I was dizzy multiple times but the nurse made me stand up, she didn't lock the bed so when I passed out again my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 5, 2016

Generally no--HIPAA doesn't have any sanctions. However the other care issues may be actionable--but hard to prove.

Contact a member of the Ohio Assn for Justice--they give free consults.

1 Answer | Asked in Health Care Law and Medical Malpractice for Ohio on
Q: My father died 6 years ago. He had a tumor on his spine that his primary care physician never told him was there until

After it was to late to do anything about. Is there grounds for a malpractice suit?

Peter N. Munsing
Peter N. Munsing answered on Oct 24, 2016

If he died six years ago, no. There are statutes of limitations for wrongful death & malpractice, and they expiered long ago. For your peace of mind consult an attorney who gives free consults, but I don't see a liklihood of success.

1 Answer | Asked in Criminal Law, Health Care Law, Medical Malpractice and Sexual Harassment for Ohio on
Q: My former PCP has committed purjury to the OH Med Brd. I mailed the info to the Med Board. Will it be looked into?

I am an adult male victim of sex misconduct at the hands of my former PCP. Last yr his license was suspended for 6 months followed by 2 yrs of probation. Thru therapy I know know I did nothing wrong and was the victim of a sex crime several times over. The dr lied to the med brd on at least 10... Read more »

Matthew Williams
Matthew Williams answered on Jul 31, 2016

You should take your information to the police and prosecutor. Sex crimes are treated very seriously, but the medical board can only take his license.

2 Answers | Asked in Medical Malpractice for Ohio on
Q: We were wanting to know if this was malpractice negligence or just the way it is

Since the birth of my daughter my wife has been having Gynecology problems, over the last two years she has had four or five procedures/ surgery, with no results now he recommended we go see another doctor and she said she should have it, it has cost us a lot of money and time off, medical co-pays... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2016

You need to know what is causing the problems in order for someone to say it's from the delivery; then the question is was what happened in the delivery due to an act of malpractice--in other words it's not enough just to have a bad result, and here I'm not hearing anyone knows if... Read more »

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1 Answer | Asked in Medical Malpractice for Ohio on
Q: Do I have a medical malpractice law suit for neglegece
Matthew Williams
Matthew Williams answered on Mar 22, 2016

There is no way to answer this question without knowing what the injury is and how you allege the doctor(s) was/were negligent.

1 Answer | Asked in Medical Malpractice for Ohio on
Q: Can you sue a hospital for negligence of a pregnant woman which caused a miscarriage of a twin?
Adam Studnicki
Adam Studnicki answered on Feb 6, 2016

More info is needed. Talk to a local malpractice lawyer to determine if you have a viable case.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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