Legal Question in Federal Tort Claims in Ohio

My husband had a cataract surgery on April 2014, after surgery he started with pain, redness and losing liquid from his eye. It was the retina that was detaching, I brought him to VA to have it review but they start giving eye drops, he came several times and nobody told him that it was a retina detachment. They referred him to an ouside doctor, who after revise and noticed the damage, immediately sent him for surgery after that surgery, he had to make two more surgeries to save his retina but unfortunately he couldn't save his vision. At that time he couldn't see because in his other eye he had a cataract that didn't let him see well and fell on the stairs few times even when he was going to put a string on the bread bag he had to touch the surface to find it. An outside doctor made a surgery on the other eye and thanks to God he has vision in that eye. Thanks to the retina doctor that saved his eye after several surgeries but this has caused a lot of discomfort and pain because it has not been easy to get adjusted to one eye. We are upset because they delay in the treatment and send him to another doctor. They just call the residents to watch the eye but nobody took action eventhough he was complaining since he had the surgery. He didn't know what to do and he called an attorney from another state, and the last week we have received the attorney letter that the case was denied and that they cannot continue with the case and they suggest him to look for another attorney. This is why I looking for advise because after this damage he is not the same person since his vision won't be recover. Maybe a limb can be replace and a person can move or do other things but in the eye nothing will give the vision back.


Asked on 5/22/17, 7:09 am

1 Answer from Attorneys

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

FTCA claims are governed by specific laws and differ from normal malpractice claims. If the appropriate administrative claim form was submitted timely and the claim was denied, you have 6 months from the denial to file suit or to request a reconsideration of the denial. In order to determine the reasons that the case was denied you need to provide a copy of the claim form that was filed and the response from the Department of Veteran Affairs so that an attorney can give you an opinion on whether the case can be won. If you would like a second opinion on the case without an promises that I can help you, please contact my office or email me the documents to review.

Howard Mishkind

Mishkind Kulwicki Law Co. L.P.A.

23240 Chagrin Blvd

Beachwood, Ohio

216-595-1900

hmishkind@mishkindlaw.com

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Answered on 5/23/17, 9:04 am


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