Legal Question in Medical Malpractice in Ohio

2 septoplasties-still have sinus infections- was told to

I have had sinus infections since I was 14. I finally got a CT and it was determined that I needed a septoplasty to remedy my deviated septum. That was performed in Sept 2000. I felt somewhat better until early 2001, when I got a sinus infection, which took a month to treat on anitibiotics. I went back to the same surgeon with a NEW CT, which showed a swollen gland (over 1'' in diameter). He told me to ''deal with it'', ''everyone gets sick'', etc... That wasnt good enough, so I got a second opinion. The second doctor agreed to perform the 2ns septo, which was done Feb 2002. 3 days after surgury I somehow coughed out my packing, which he told me was ok. I am on my 3rd sinus infection since that surgury, I feel horrible. Basically, do I have any basis whatsoever to persue a legal suit, against one or both of these doctors??? Both told me that I should not have sinus infections, but I have them and they are BAD. please let me know something, I just dont know what to do in my situation. Thank you


Asked on 10/23/02, 7:28 am

2 Answers from Attorneys

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

Re: 2 septoplasties-still have sinus infections- was told to

It sounds like you have a difficult case to pursue. Whether the infection was caused by substandard care is questionable but without a review of the records would be impossible to determine. Please note that you have a limited amount of time in Ohio to puruse a claim of this type and it is usually 1 year from the date that you discovered your injury caused by the negligence or 1 year from the termination of your physician patient relationship with that doctorw, whichever date is later. The cost of purusing this case and getting expert testimony may outweigh the potential recover. Hope this helps.

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Answered on 10/23/02, 3:06 pm
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: 2 septoplasties-still have sinus infections- was told to

If you wish to pursue this, you will need to contact an attorney. The attorney, if interested in investigating the case, will obtain your medical records and have them reviewed by a competent physician. Please be advised that the statute of limitations for a medical malpractice claim is the later of the date of the negligence, the end of the physician-patient relationship or the discovery of the negligence. The statute can be extended by 180 days by the delivery of 180 day letters to the potential defendants informing them that you are considering bringing a suit against them. You should contact an attorney immediately if you wish to pursue this.

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Answered on 10/23/02, 8:44 am


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