Legal Question in Medical Malpractice in Ohio
Where does one begin, in order to file a malpractice complaint
2 Answers from Attorneys
Medical malpractice is an extremely complicated area of law. To attempt to represent oneself in a medical malpractice case nearly universally results in the physician or hospital winning. I would encourage you to contact a competent attorney who focuses their practice in the area of medical malpractice. If you do not wish to retain counsel or cannot retain counsel you will need to go to your local clerk of courts office to discuss the filing requirements and costs associated with filing a medical malpractice lawsuit.
Stephen O'Keefe
Gibson + O'Keefe, Co., L.P.A.
6239 Wilmington Pike
Centerville, OH 45459-7108
937 643-0600 Phone
937 586-9495 Fax
http://www.gomedmalohio.com
This response does not create an attorney-client relationship.
I agree with Steve O'Keefe. You need to consult with an attorney that has experience in investigating and handling cases of this type. Simply because a bad result occurred does not mean that the doctor was negligent. Even if the doctor was negligent it is often difficult to prove that his negligence was a proximate cause of the injury complained of. These cases require expert testimony and you can't simply say I had a procedure and the procedure failed therefore the doctor must have been negligent. Be very careful because a lot of attorneys say they handle medical negligence cases but truly do not have the knowledge necessary to let you know whether your have a case and whether it is worth the time and expense to pursue the claim.
Howard Mishkind
Mishkind Law Firm Co. L.P.A.
www.mishkindlaw.com