Legal Question in Medical Malpractice in Ohio

My family needs to find out if and how we can sue a hospital? My niece went into the hospital with a spinal issue. This hospital operated on her spine but then told us they needed to do a brain operation ASAP. When she was younger doctors said that she had a mass that was in her head that would not be a problem if she didn't grow anymore. This hospital saw the mass and now at age 31 they say they say they have to do an emergency surgery (after she has of course stopped growing). My niece is special needs so her father had to give the ok. It was stressed that this was an important surgery and needed to happen now. She had a total of 6 surgeries in which they put shunts on both sides of her brain draining fluid that never stop draining and causing an infection that was never present before the surgeries meanwhile her health declined after each surgery after having 2 strokes and finally my niece who used to be otherwise healthy was left at the end unable to walk and comatose and shortly after died. She died one month and 4 days ago and her father goes to a lawyer and they say that he would have had a case but it's past the stature of limitations. I don't understand? Also as a side note this hospital is currently being sued over the deaths and sicknesses of over 100 people because they did not sterilize equipment in the very same Intensive Care Unit that my niece was in at the same time span that she was there . Help us please?

Asked on 7/12/16, 5:32 pm

1 Answer from Attorneys

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

There are two possible claims. One is for your niece for her pain and suffering leading up to her death. That claim is a 1 year statute of limitations from the date of the discovery of the injury or termination of the doctor patient relationship, whichever is later, with a 4 year statute of repose. Her claim needs to be carefully evaluated because of her disability before her death and I do not know whether this aspect of the claim has expired. The other is at 2 year statute for her death and that is a claim that her beneficiaries under Ohio law have. You should consult with other attorneys so that a clear timeline can be obtained. I am not sure that you received the best of advise on the deadlines. I would be happy to answer any questions you have to see if I can help you and your family. [email protected] or 216-595-1900

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Answered on 7/13/16, 7:50 am

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