Legal Question in Medical Malpractice in Ohio

Probably but more information is necessary to be certain. I would need to know what history you gave as to the cause of your knee pain when you presented to the emergency room. If you did not indicate any recent trauma and you had no signs of injury, swelling or irration it may have been acceptable to discharge you with instructions to follow up with an orthopedic surgeon within 24-48 hours if not better. If you had a severe tear of your medial collateral ligament it is hard to believe that they would not have seen evidence of same in the emergency room. The bigger question is whether you would have avoided surgery if the emergency room doctor had ordered an MRI and an orthopedic consult when you were seen on March 31, 2011 or not. It sounds like you would have needed surgery even if we assume that it was missed entirely on your visit to the emergency room. To be entitled to compensation due to medical negligence you must prove negligence and then that the negligence was a proximate cause of injury. If you would have required surgery even if diagnosed on March 31, 2011 you probably do not have a case. If you have questions I would be happy to answer them.

Howard Mishkind

www.mishkindlaw.com

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