All of your statement/question may not have been successfully posted on the website. It cuts off after "...flow test on my child..." Any any rate, the answer to your question (as to whether you could win) is putting the cart before the horse. It's hard for me to weigh in on the medical issues as the question trails off. However, what I was able to garner did not seem like malpractice. It sounds like your son has what doctors call "aberrant anatomy," meaning he has a structure in a place that 99.99% of people do not have. The presence of a 3rd ureter will render analysis of his medical issues very difficult. There is no telling what is going on in there. This then muddies the question as to whether a physician complied with the applicable standards of care (standards of care are developed based on patients with "normal"anatomy, of course).
I'm not an Ohio lawyer. You'll want to consult with a local attorney to get reliable advice as to the critical legal deadlines in the case. You may want to have the medical records reviewed. Good luck.
It isn't clear given the information. We need additional information to make even the beginnings of a recommendation. However, you should definitely seek out local counsel to review the case.
It is not enough information to answer. To prove a malpractice case in Ohio you must prove three elements: (1)The provider "deviated from accepted standards" which means the acted unreasonably given the circumstance, (2) The deviation directly caused or contributed to an outcome change and (3) each damage that is a direct and proximate result of the former two elements. These claims are science based so only with a thorough review of a medcal record can your question be addressed specifically.
This answer is not legal advice, and does not amount to a legal relationsip. Only with a full exploration of the underlying facts can the true merits of a claim be assessed. Be cognizant these claims have a statute of limitations, and you are responsible to protect the same.
The other attorneys are correct -- you need to talk to an attorney about this is more detail to understand your rights. Do not delay, as time limits run against you in this type of situation.
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