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.
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.
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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