It looks like you may have a statute of limitations problem first and forement. Also, it is likely a risk incident to the procedure and not a deviation. You should still call a medical malpractice lawyer in your city from Avvo for a free phone consultation anyway.
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I agree. There is possibly a problem because of how old the surgery was. It could not do any harm to seek legal advise to make sure this is nothing you can do to help matters.
Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
It is highly unlikely that you can bring this case now. The statute of limitations in most states is less than 4 years, but you should consult with an Ohio attorney immediately to confirm.
This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see www.hendricksonlaw.com.
The statute of limitations in Ohio is one year; however, it is tolled until discovery of the potential malpractice. Whether or not your claim can survive a statute of limitations defense would depend upon the facts and circumstances of your situation. Please feel free to call my office and speak with one of my staff nurses, who will get from you the necessary information to allow me to determine whether we can be of assistance to you.
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