Legal Question in Medical Malpractice in Ohio

I had a thyroidectomy surgery done last year and during the surgery my surgeon noticed that one of my parathyroids was not getting any blood supply so he move it to the other side of my neck so it could work again. After the surgery he did explain to me what he had done and he explained that all of my parathyroids are working now. Over the past year i have been in and out of the hospital due to the surgeon moving my parathyroid. Every now and again it will trigger and casue my calcium to go low which can cause my body to numb and tingle and have alot of tetany. Once i get my calcium it is fine. But recently i've been noticing that my body has been doin the numbing and the tingling and alot of other things but my calcium has been fine. I went to see my specialist and she indicated to me that none of my parathyriods have worked and no one has ever told me this. If they didnt work then why did they have to move the parathyroid. If they wouldn't of moved the parathyriod I would have never had any of these sypmtoms I'm having now and now they are telling me that there is nothing they can do. I have to keep feeling like this. I'm wondering if i can file a lawsuit against this?


Asked on 11/05/09, 8:19 am

1 Answer from Attorneys

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

Their are several issues that need to be answered befor it can be determined whether the medical error justifies pursuing a claim. The first issue is whether the surgeons decision to move the parathyroid was a judgment call or whether it was below accepted standards at the time and that moving it was the wrong decision at the time. If the surgeon should not have moved it that satifies one element of a claim. The next issue is proving that the problems that you have had would more likely than not have been avoided by not moving the parthyroid. This may be more difficult to prove that all of your symptoms would have been avoided. The third issue is damages and in Ohio we have a limit on the amount you can recover for pain and suffering. The exact impact of the act of negligence will need to be determined and it will require an analysis of your prognosis with and without the movement of your parathyroid. If you would like to discuss this matter further without cost or obligation please feel free to contact my office. We have a former general surgeon on staff tht can determine whether your injuries are due to medical negligence and whether the nature of your injury can be quantified sufficiently to justify pursuing a claim of this nature. You have a 1 year statute of limitations.

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Answered on 11/10/09, 11:14 am


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