Legal Question in Medical Malpractice in Ohio

I had back surgery on L4 & L5,fused with disc replacement in 12/05. After surgery (within 2-3 weeks) I developed Pudendal Nerve Entrapement. I made 4 trips to Minnesota, from Ohio, for Nerve blocks and then surgery. I am now experiencing further nerve damage on L5 and some symptoms of rectal burning still from the Pudendal Nerve Entrapment. Now I found out that the Dr. that performed the back surgery in 2005 was not suppose to even be doing back surgery as he did not do a fellowship for back surgery. He is no longer in practice. I have been disabled since the back surgery. I did not pursue any action at the time thinking I would eventually heal and be back to work. Can I still go back on the Dr. and or Hospital System that he worked for and sue for lost wages or any other compensation? This was not a worker's comp. case.


Asked on 7/07/10, 3:14 am

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

The statute of limitations is 1 year in Ohio from the date you discovered the injury caused by the negligent act or termination of the doctor-patient relationship whichever date is later. In your description I am afraid that the fact that the doctor did not do a fellowship is not going to be sufficient to overcome any statutute of limitations issue that you have. Unless you can prove that there was a fraud by the doctor or hospital to hide his credentials I do not see a way that you can overcome the statute of limitations. I am sorry but I do not believe that you can do anything at this late date. Just my 2 cents.

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Answered on 7/07/10, 11:50 am


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