Legal Question in Medical Malpractice in Ohio

constant back pain from a surgery that was not necessary...

In 10/2001 the doctor told me I needed back surgery, even though when I looked on my chart it stated ''Abnormal aorta for a person of this age'' When I asked the back surgeon about this he said I was too young for that. He removed a hurniated disc, Had to go back in 6/2003 because my spine moved from surgery. I now have 4 screws, 2 connecting rods in my spine. The problem that I was having was corrected by replacement of my aorta 10/2003. I had no blood going to my legs. The vasccular surgeon stated to me that I could have lost my legs or died on the operating table because of my aorta. Now I have constant back pain, sitting, standing, or moving. I will be going to pain management soon because of the pain. Can I do anything? Please let me know. I had no back pain until they started cutting on my back. I was aware of the hurniated disc from a horse riding accident 20 years before, but never had the amount of pain as right now. Can I do anything?


Asked on 8/22/04, 7:26 pm

1 Answer from Attorneys
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: constant back pain from a surgery that was not necessary...

Generally, the statute of limitations for a medical malpractice claim is one year from the later of the date of injury, date of the end of the physician-patient relationship or date of the discovery of the malpractice. From the information you have provided, your statute of limiations may have expired and you may be barred from bringing a lawsuit. However, you should consult an attorney in person to determine if this is true. If the statute of limitations has not expired, a physician would have to review your medical records to determine if there was medical malpractice. If you have any questions, please contact me at 614-464-4644.

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Answered on 8/23/04, 12:06 am


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