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I live in Ohio what are a persons rights to sue for medical malpractice?

Massillon, OH |

I was under the same dr's care for around 8 years & as well as it was documented I was allergic to an antibiotic he gave to me- he kept giving it to me....Is that acceptable- these doses caused me hosptial stays & accumulated bills

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Attorney answers 2


If the doctor wrongfully prescribed antibiotics and if this continuing prescription was negligent and caused damage to you, yes, you would have a potential action for medical malpractice.

There are 2 cautions, however:

1. Most attorney's cannot take malpractice cases unless there is severe and permanent injury. These cases are very tough to bring to court, and only the most severe cases can be taken.

2. You may have a problem with the Statute of Limitations. The time period to sue varies state by state and since this happened over 8 years...that time period may have passed.

To be safe, I recommend you contact a local, experienced medical malpractice attorney in your locality, who can obtain you medical records and evaluate your case.

Good Luck,

Ed Smith
Law Office of Edward A. Smith
Sacramento, CA


Mr. Smith is correct. Most attorneys are very selective in the medical malpractice cases they accept. However, if you are truly concerned about the actions of your doctor, you can contact a local attorney to obtain an opinion as to whether or not the doctor's actions raised to the level of medical malpractice. You may also consider contacting the local medical board as well.

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