Skip to main content
James Michael Kelley III

James Kelley’s Answers

3 total

  • Can i win?

    My son is 11. He was diagnosed three years ago with what the dr told us was an extra pouch off his bladder. We found out later this was a third ureter. Last summer my son was taken to the er for swollen testicles and he was in severe pain. Aft...

    James’s Answer

    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.

    See question 
  • Can my pcp decide to stop prescribing my xanax due to new office policies without any warning or refills til I get a new Dr?

    My primary Dr has prescribed my xanax for the 3 years that she has been in business. The office has started a new policy, health and wellness, and will no longer prescribe this type of medicine. I was told this with 3 pills left. She said she w...

    James’s Answer

    This is not a medical negligence claim in my opinion based upon the facts you relay. The physicians offer to refill for a month is appropriate to all continuity of your care. The physician, as do you, maintains a right to terminate relationships in these out patient settings. You are entitled to have your records forwarded to your new doctor in advance of your appt, but will need to execute an authorization for your new physician to make this request.

    See question 
  • My son was not diagnosed at birth,that he had cerebral palsy,at birth his right shoulder ,hand and leg was injured,can I sue .

    my question is what is the statue of limitations for someone born with a birth defect,and the hospital staff I feel was responsible,

    James’s Answer

    If you have any question about the mechanism of your childs injury and/or the quality of care provided you should contact an attorney to have the claim reviewed. This will involve obtaining the records for the delivery and your childs post birth records to determine the cause of any injury.

    Time is of the essence, and the statute of limitations is state specific so contact an attorney at your earliest chance.

    See question