James P. Myers's Answers

Filing a loss of consortium claim

In Ohio the loss of consortium claim is derivative of the medical malpractice claim, i.e. if the statute on the underlying med mal claim is blown, there is no claim for loss of consortium. In general, the law here in Ohio does not look favorably on attempts to use other causes of action (breach of contract, fraud, etc.) to bring what is essentially a medical malpractice claim. The oft-quoted principle is: "Malpractice by any other name is still malpractice." Unless there is an independent...

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No Evluation, No Medication Lead to Heart AttacK and catheterization

It is difficult to evaluate whether you have a case based on the information given. It sounds as if some cardiac problems led to your uncle being transported to the hospital by EMS in the first place. Contact a local medical malpractice attorney who can obtain the records and review the case in detail. In the meantime, focus on your uncle's health. Ask the hospital for assistance with discharge planning. They may have an in house social worker who can help arrange for his follow-up...

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Can I sue the first Ped. Practice for not treating my daughter for this?

The law books will tell you that in order to establish liability on the part of the medical professionals you have to prove that the delay in diagnosis caused some harm to your daughter. Any harm is enough to justify a lawsuit. In the real world, the harm has to be significant to make a case worth pursuing. If you feel strongly that your daughter was harmed by a delay in diagnosing her pneumonia, you should contact a local medical malpractice attorney to review this case for you.

What would be the compensation for a misdiagnosis of thyroid cancer of a 14 year old girl.

You definitely need to provide more information. This can be a very difficult diagnosis, especially in a 14 y.o. I agree with the advice given regarding the damages claim--- If the cancer did not spread during the months that the diagnosis was delayed and the surgery she ended up having was the same procedure she would have required months earlier, you may not have any damages. If the delay led to the cancer advancing and she required a more extensive surgery, removal of lymph nodes,...

I want to know if I would have a case for malpractice. I broke my leg and had to have surgery

Definitely listen to the advice given above. Continue to receive appropriate medical treatment for the injury, but do not wait to contact a local attorney. It can take a long time to determine the full extent and long-term prognosis with a nerve injury. In the meantime, the statute of limitations on a potential claim may expire. An experienced medical malpractice attorney in your community can evaluate the case and advise you as to whether you have a claim.