Legal Question in Medical Malpractice in Ohio

Hello

I was wondering if I even have a case before I proceed to hire an atty. My doctor refused to remove or look any further into a severe pain and condition I hadsuffered from for a total of 6 months. I went to get a second opinion and it ended up being a 2-liter sized abscess that would have eventually killed me because it was sooo big and was growing.His last answer was that it was a bruise and it would go away, when in fact I could FEEL it growing! I asked him at least 3 times to take it out, because he didn't know what it was.I plead with him. He said it was a bruise and would keep scheduling cat scans every other month. Thanks god I went for a second opinion or else I wouldn't be here.

My question: do I have any case against him? I called and told his secretary that I refuse to pay his bill because he refused to remove/misdiagnosed me. :)


Asked on 1/12/11, 10:04 am

1 Answer from Attorneys
Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

As long as the delay on the doctor's part did not result in any obvious injury you do not have a case. The delay in recognizing that you had an infection and abscess could have resulted in significant injury however you were smart and went to get a second opinion. In order to prove a claim against a doctor for medical negligence you must prove that the doctor was negligent and that the negligence resulted in an injury. In your case it would be difficult to prove any injury due to his delay other than the additional suffering and the cost of the second opinion. If the doctor is too busy to take the time to listen to his patients it is likely that this scenario has or will happen again with other patients. You may want to report him to the Ohio State Medical Board but other than that you would not benefit from attempting to pursue a medical negligence claim.

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Answered on 1/17/11, 10:39 am


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