Legal Question in Medical Malpractice in Ohio

My husand went to the hospital for a bleeding ulcer intestions. At the time of surgery the surgeon nicked and removed spleen and nicked pancrease. He has been in the hospital 4 times in two months with severe pain and infection. Still not eating and not well. Losted forty pounds. Is this human error or malpractice?


Asked on 4/23/11, 1:31 pm

2 Answers from Attorneys

Steve O'Keefe The O'Keefe Firm

I am very sorry to hear about all the difficulties you and your husband have been going through. Based on the limited information you provided it is very difficult to provide you with an opinion. If you would like to contact my office here in Centerville I would be happy to discuss your potential case in detail with you. There is no charge for the service. My number is 937-643-0600.

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

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Answered on 4/25/11, 5:43 am
Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

I would encourage you to contact Mr. O'keefe to discuss this matter further. The only thing that I would add is that human error is not an excuse. If the doctor failed to comply with accepted standards of care during the surgery and made an error that is the same thing as medical malpractice. I will also tell you that incidental injuries during abdominal surgery resulting in the spleen being injured are not necessarily due to malpractice. Depending on the nature of your surgery and the anatomy discovered during the surgery, the injury may have been unavoidable and not due to an error by the surgeon. Mr. O'Keefe and his office are experienced in cases of this nature and should be able to help you get an answer as to whether your injuries were preventable and avoidable or an unfortunate but unavoidable complication. Good Luck.

Howard Mishkind

www.mishkindlaw.com

[email protected]

216-595-1900

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Answered on 4/25/11, 11:52 am


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