Legal Question in Medical Malpractice in Ohio

I had a knee scope done in april. I have had severe pain since. My surgeon has drained it twice and I have had a series of shots since then. I need more medical treatment but now have to pay because he said it has been past time of surgery. I cannot afford to be off work again but I am sure it has to be done again. Do I go ahead and get a second opinion? I am paying him for screwing up my knee. Please give me advice. The pain is horrible I used to be very athletic but I cannot hardly bend or walk

Asked on 11/19/13, 5:04 am

2 Answers from Attorneys

James Slater Slater & Zurz LLP

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Answered on 11/19/13, 5:52 am
Thomas Ryan Ryan LLP

Medical malpractice law in Ohio requires that a doctor and/or provider meet minimum standards of care when providing treatment to their patients. If they fail to meet these standards, you may have a valid case against the doctor/hospital that caused you harm.

However, proper case evaluation can be expensive. Medical malpractice lawsuits require a doctor review your medical records and submit an affidavit stating that your care did not meet the minimum standards of care and that you have a valid claim against the doctor or provider.

In your case, you would need to have your medical records reviewed by a physician to determine whether the minimum standards of care were met. If they were not, then you would have a potential medical malpractice claim against the doctor/provider. One issue that routinely arises in these types of cases is whether the injury complained about is a known risk of the medical service that was provided. So, if your knee injury was a known risk, you may not be able to seek recovery through a medical malpractice lawsuit.

If you browse our website,, we have numerous articles regarding medical malpractice and some of the issues that are common in these types of cases. If you have any further questions, I can be reached by email or phone at the address below.

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Answered on 11/19/13, 6:12 am

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