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Man challenging four-year medical malpractice timely filing limit

Many may think that medical malpractice cases in Norfolk County simply involve an unhappy patient filing a complaint and the lawyers representing the doctors and/or hospitals involved quickly moving to settle. However, that is not often the case. Doctors and other medical providers stand behind the work that they do. At the same time, only a patient truly knows the impact that his or her provider’s alleged negligence had on his or her quality of life. If he or she truly believes that his or her care was inadequate, then he or she may very well be prepared to pursue the case to its very end.

An ongoing medical malpractice lawsuit in Ohio appears to reaching that point. The state’s Supreme Court is set to determine whether a man’s lawsuit against the clinic where he had his prostatectomy can go forward despite having passed the four year window in which patients are allowed to file such claims. The procedure originally took place in 2008, the results of which left the man unable to return to his job as a commercial airline pilot.

He originally brought action in 2010, yet alleged that the clinic intentionally delayed turning over information on the case. He eventually dropped the lawsuit, yet he claims he only did so because his legal counsel at the time refused to go forward. He refiled earlier this year, yet the case was thrown out at the county level, citing the timely filing deadline. A state court, however, overturned that ruling, paving the way for the case to be heard before the Supreme Court.

The twists and turns of a medical malpractice case can be many. Getting through them may be much easier with an experienced personal injury attorney at one’s side.

Source: Cleveland.com “Ohio Supreme Court to decide fate of medical practice case against Cleveland Clinic” Ross, Casey, Dec. 23, 2015

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