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How do you determine fairness in a settlement offer?

Columbus, OH |

I am a retired 63 yo,and I was given a massive, lethal dose of Lantus Insulin while hospitalized 9 months ago. The hospital admitted it was a nursing mistake, transferred me to ICU where I spent the next days terrified I would die. I nearly did. I came home and after a while began experiencing nightmares about this event, which led to insomnia, anxiety and depression. My whole life changed, now agoraphobic, do not leave my house. I am seeing a psychiatrist now and she diagnosed me with PTSD. The hospital recently made this offer to me, but I am not sure this is fair and reasonable, I have gone thru so much, and there is no end in sight.
Can you offer your opinion? I would appreciate anything to help make this decision.
Thank you

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Attorney answers 6

Best Answer

There is now way any responsible attorney with experience in serious personal injury claims can give you a number, or, without a detailed office consultation even begin the process of evaluating full fair settlement in a case of an erroneous massive lethal dosage. I urge you to seek a consultation with an experienced personal injury attorney in your jurisdiction ASAP. Here is one small piece of the evaluation: [Click-Blue-Link-Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


Consult an attorney with all the records you have and all of the communications with the hospital. Best of luck.

Call for a free consultation at 727-937-1400 or visit us on the Web at


I do not practice personal injury,but I am located in Columbus. If you would like a referral to a local Columbus personal injury attorney feel free to contact me. You can also contact the Columbus bar association and they should be able to give you a few names.

Most importantly, as the other attorneys suggested, you should absolutely retain an attorney.

Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

Michael Lewis Eisner

Michael Lewis Eisner


This person should not delay as the statute of limitations is coming up quickly.


Don't try to resolve a claim directly with the hospital, as you would only get a tiny nuisance settlement at best. Retain a good malpractice lawyer to handle this for you.


There is no way any lawyer worth their salt can answer your question in this kind of setting. Medical malpractice cases are highly complex. Statistically speaking, the defendant doctors and hospitals win at trial about 85% of the time in Ohio. Do you already have an experienced, respected lawyer? If so, sit down with them and have them go through the case with you. They can explain the offer, what might be expected at trial, the cost of litigation, the likelihood of success, and give you their opinion and advice. This is why you hired them. If you do not have an experienced lawyer, get one today.


Contact a law firm that handles medical malpractice and nursing negligence. It is impossible to advise you on the fairness of any offer without a much more detailed review of the facts, damages, and medical records. Our office does not charge for the initial review and only charges a fee if we are successful in resolving the cases we handle. It is not clear when this occurred, but keep in mind that malpractice cases have a 1 year statute of limitations so the sooner you consult with a lawyer, the better off you will be.

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