Legal Question in Medical Malpractice in Ohio

Can you sue a doctor for them not telling you something about your medical history that you never knew about, but they did?


Asked on 10/30/09, 5:07 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

In order to sue a doctor you need to be able to prove that he or she owed a duty to the patient and that the duty was breached and as a result of same an injury occurred. In your situation there is no evidence that by virture of the breach of a duty to disclose something to you about your medical history that you have suffered any actual injury or harm. Therefore while you can sue it is unlikely that your claim would survive and be successful.

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Answered on 11/04/09, 8:22 pm


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