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Gerald Scott Leeseberg
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Gerald Leeseberg’s Answers

27 total

  • Is it a form of negligence if my OBGYN is unaware that a drug could have killed me, and they prescribed it anyway.

    I have history of blood clots. Recently, I visited my OBGYN, who is well aware of my blood clot history. The OBGYN highly recommended and ordered Implanon/Nexplanon to help with my current situation. We reviewed the side effects, and I was guarant...

    Gerald’s Answer

    Mr. Eisen is correct: while the physician may have been negligent for prescribing the medication to you with your history of blood clots, unless you actually developed more blood clots because of the medication you would not be able to assert a malpractice claim. You have to be able to prove the doctor was not only negligent, but also show the negligence resulted in actual harm to you.

    As Mr. Eisen mentioned,you are to be commended for being an "informed consumer" when it comes to your medical care. I would most definitely bring your concerns to the attention of your doctor. it is possible there may be additional information you are not aware of that justified prescribing the medication. (There is a difference between "relative contraindications" and "absolute contraindications."). If it truly was a mistake, the physician should be made aware of it so he or she does not improperly prescribe it to someone else.

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  • DOES MY UNCLE HAVE A LAWSUIT?

    My uncle had surgery to have a tumor removed from his voice box that was causing his voice to be hoarse, and his thyroid removed. The removal of the tumor was supposed to help his voice return to it's normal state and that part of the surgery went...

    Gerald’s Answer

    Injury to nerves is sometimes unavoidable even if the surgeon did everything properly. It depends on the kind of surgery, location of the nerve and surgical findings that complicate the procedure, such as scar tissue, or nerves being entrapped by the tumor. Only an ENT surgeon could answer your question after reviewing the surgical record.

    The statute of limitations in Ohio is only one year for medical claims, so if you intend to pursue such a claim you need to contact an attorney promptly. However, if the only residual problem is hoarseness it would be difficult to recommend pursuing a difficult and lengthy medical malpractice claim. The expenses of pursuing such a claim can easily run into the tens of thousands of dollars.

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  • If a hospital told me my daughter just had the flu and it ended up being a bacterial infection is this malpractice?

    I took my daughter to my local hospital and and they told me my daughter had the flu. She was getting worse so I took her back and they said it was the same flu that would last 7-10 days. Didn't do any blood work on her. I followed up with family ...

    Gerald’s Answer

    Not all misdiagnosis, or mistaken diagnoses, are malpractice. Medical problems can often be caused by a variety of illnesses that have the same or similar signs and symptoms. Doctors engage in what is known as "differential diagnosis" in attempting to identify and treat the most likely cause of a medical condition. Bacterial infections often present similarly to viral infections; and, viral infections can progress into bacterial infections, so it is not entirely clear that the original diagnosis was even wrong. In any event, unless your daughter suffered severe injury to her health by the alleged "delay" in determining she was suffering from a bacterial infection, it is not feasible to pursue a medical claim based simply on a medical mistake, even one that is negligent. Malpractice cases are enormously expensive to investigate, prepare and take to trial. Unless there are significant harms and injuries, incurring those costs is simply not worth it to the client. I hope your daughter is doing well after this unfortunate illness.

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  • I was wondering how to find out if I could file a medical malpractice claim on a physician I used to see.

    The reason I ask is that while I was in his care I had some issues with strictures in my esophagus and at one point couldnt even swallow my own saliva. He told me I was getting better but I ended up seeing a specialist and had to have 3/4 of my es...

    Gerald’s Answer

    The condition of esophageal stricture you are describing can be caused by a number of underlying causes. It is very unusual for an esophageal resection (removal of the esophagus) to be necessary to treat the problem. That raises serious questions about whether you were properly treated.

    The physician whose care you are questioning may have been negligent in failing to properly diagnose your condition and its cause, or in failing to properly treat it (it is necessary to properly diagnose the precise condition and its cause because that impacts the proper treatment.) Mechanical dilatation used to be the preferred method of treatment when strictures resulted in severe dysphagia, or difficulty swallowing. Newer medical studies have discussed the benefit of medical therapy (using medicines to treat the underlying problem, which is usually esophagitis. Your question does not mention what diagnosis or treatment efforts the physician arrived at, or how long you treated with him before the specialist eventually diagnosed and treated your problem. Your attorney would have to be able to demonstrate not only that the physician failed to treat you properly, but that also that the delay in receiving proper treatment is what resulted in your having much of your esophagus resected. These issues can only be addressed by highly qualified medical experts, who would be required to support your malpractice claim as expert witnesses. The period of time within which a malpractice claim can be filed in Ohio is extremely short, so it is imperative that you contact an experienced malpractice attorney as quickly as possible in order to protect your legal rights to pursue such a claim.

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  • Do I have a medical negligence case against my Mohs surgeon during the aftercare following the procedure?

    Had small basil cell removed from temple on face-surgeon did in dermo office and didn't shave hair before procedure-stitched hair into sutured area-w/in 24 hours face & eye swelled with severe pain-called surgeon who said stop taking Cipro said sw...

    Gerald’s Answer

    You may well have a meritorious medical claim. However, whether it is advisable for you to pursue such a claim will depend on the nature and extent of the injury and damages you have suffered. Medical claims are exceedingly expensive to litigate, and unless there are substantial damages, it is not in a client's financial interest to pursue such cases, since there may be little if any net recovery for the client after attorney fees and litigation expenses are paid.

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  • If I carry the state minimum auto insurance but someone sues me in court for more, what happens if I don't have it?

    If I own only the clothes on my back, rent, don't own my car, have no assents, and live off of $1,000 Social Security Disability a month, am I known as "judgment-proof?" What if someone sues me for a car accident but I have no real assets to take?

    Gerald’s Answer

    At present, it appears you are judgment proof. If a verdict is obtained against you that exceeds your insurance and collectible assets, the attorney for the person suing you may file a notice of judgment that would allow the judgment to be collected in the future if you ever become solvent and acquire significant assets.

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  • When can an attorney just cancel a signed contingency contract agreement?

    I signed a contingency agreement with an attorney last year. This attorney stated they would pursue my personal injury case. It took this attorney a year later to send me a certified letter stating he could no longer pursue my case. Most attorn...

    Gerald’s Answer

    If the attorney refuses to respond, you may want to call the Lucas County Bar Association and ask for assistance in obtaining your file materials from the attorney. While the attorney has the prerogative to withdraw from the case, s/he cannot ethically do so without making sure your legal rights are adequately protected.

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  • My father had a history of hypertension and was prescribed Cialis 8/1/2013. By 11/8/2013 he was found dead of heart attack.

    Are there any class action lawsuits against Cialis or would I have a wrongful death lawsuit against the prescribing physician?

    Gerald’s Answer

    It is possible that a heart attack can be caused by ED medications. It is also possible that an ED medication should not have been prescribed if your father had a known history of cardiovascular disease, which made it unsafe for him to engage in sexual activity, particularly while using an ED medication. These are questions that would need to be answered by reviewing all of your father's pertinent medical records. It would also be essential to know if he had taken the medication shortly before his death and engaged in sexual activity; also, it would be very helpful if an autopsy was done.

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  • Family member died in nursing home, department of health investigated afterwards. Lawsuit?

    My father passed away in a nursing home recently. The state conducted an investigation and even interviewed me. They found "Immediate Jeopardy", failure to address and seek timely medical attention, no one was trained in CPR when he required it an...

    Gerald’s Answer

    It is entirely possible based on your information that you have a legitimate claim of neglect. We would also have to be able to prove that the neglect caused or contributed to your father's death. I have handled numerous cases related to nursing home care, having recently obtained a $6.5 million verdict on behalf of the family of a nursing home patient who died as a result of neglect, and I would be happy to speak to you concerning this matter. I would suggest you call my office and ask to speak with me of our staff nurses who can get the necessary information to allow us to determine whether we can be of assistance to you.

    Gerry Leeseberg
    614.221.2223

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  • Can I get my attorney for misrepresentation? Is there a statue of limitations to file against him?

    I went and seen a attorney to file bankruptcy gave him $600 up front. My house was going to be foreclosed on and he was suppose to file papers to stop it, he never did. My home was bought back by the bank at the sheriff action. Then a sheriff ende...

    Gerald’s Answer

    Unless you can demonstrate that you would have prevailed in the foreclosure action, your damages would be limited to the attorney fee you paid that was unearned. If you paid for services that were not rendered, you should file a grievance against the attorney with the Bar Association, which will investigate the claim and advise whether compensation (refund) is appropriate.

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