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I realize its too late for me to file a case vs.my surgeon.

Cuyahoga Falls, OH |

Yet I could not get someone to represent me when I did have time d / t the reasons I got were its only got a few more weeks and he didn't say it but it was a major holiday approaching. The other reason was from another attorney was that it wasn't enough money for him. Its peoples rite to pick and choose cases. But for the guy who told me that, if it wasn't for the victims of these cases you would n"t be in business. All due respect to others that respect their clients. Thanks to all that took time to help, I certainly appreciate your help.

My surgeon was ready to settle out of court, I heard from another proffesioal that works close to him and that info was shar also. I would have taken what I could have gotten to help fix the damadge his negligence caused. This has destroyed me in all ways.

Attorney Answers 5


  1. Best answer

    Have a local lawyer investigate whether there are any exceptions to the statute of limitations which could be applicable.


  2. I would seek the advice of a malpractice attorney to be sure, but it sounds like the statute of limitations has run out on your case, which means that you can no longer bring a claim.


  3. Sometimes we are not very good about explaining why we cannot help victims. I just want you to know that it is not always about the money we make or could make. If we are going to spend so much that the recovery to you would be minimal that is something that has to be taken seriously. We try never to take lightly that you are the victim and that several of your years of time will be consumed by litigation. If the recovery will not adequately compensate you and the experts and legal professionals recover more than you will sometimes a claim cannot be made. I wish I could say that I have never lost a case but I have and I have lost substantial time and spent unrecoverable costs for experts. Remember that you can contact your state Board of Medicine to report the misconduct if you feel you have grounds to do so.


  4. The statute of limitations on medical malpractice in Ohio can be extended if it took time for you to discover the negligence. However, if that issue has already been factored into the calculation and you have definitively missed the statute of limitations, there is nothing you can do. With respect to the comment on other attorneys, I would agree with another poster here that the plaintiff's attorney must factor in the risk in establishing liability and the cost of litigation. Medical malpractice cases can be very expensive to litigate, easily $10,000 + which would come out of your settlement to reimburse your attorney. For the most part, you cannot recover litigation expenses such as expert witness fees. In Ohio, you cannot bring forth a medical malpractice case without another doctor as your expert. The lawyer you spoke with may have been considering his risk of high expenses compared with the likely settlement value and what you would recover after that.


  5. Medical Malpractice cases are very difficult to litigate and can incur very significant litigation costs. A lawyer should never tell you that "it isn't enough money for him." We represent clients and try to to what is in their best interest. Sometimes the answer is that the damages suffered may not warrant the incredible cost and risk of prosecuting a claim. In those instances it is our duty to inform you that the costs could outweigh any potential settlement or verdict. It is not always what we want to hear, but sometimes it is the best advice you can get.

    With that said, your specific circumstances depend upon a multitude of factors that have not been discussed here. There are ways to extend the statute of limitations. If you are not happy with the answers you have received, you should follow up with a medical malpractice lawyer.

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