Legal Question in Medical Malpractice in Ohio
I had a surgery last November. It was suppose to fix the problem. It did not fix it and I was told I would have to have more surgery to remove scar tissue that has obstructed the opening. Should I or the insurance company have to pay for it?
1 Answer from Attorneys
Unfortunately simply because you had a bad outcome and need a second surgery does not mean that the surgery was done improperly or that the second surgery should be at no cost. The answer to your question depends entirely on whether the first surgery was done in such a manner that it can be determined that the scar tissue that has caused the obstruction was due to surgical error. Proving this as contrasted from the fact that scar tissue can occur even when everything was done properly the first, is the tough part. It is unlikely that you will be able to prove this and therefore you or your insurance company will likely have to pay for the second surgery.
Howard Mishkind
www.mishkindlaw.com
216-595-1900
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