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do i have a case?

by onJune 25, 2013

If the doctor(s) who interpreted the x-rays failed to diagnose your fractured ribs and/or any other injuries, then technically there could be negligence on the doctor(s) part, and this could be a potential issue of medical malpractice.
That being said, the majority of medical malpractice cases are not worth pursuing for several reasons, the biggest being the cost of doing so. In Ohio, you are required to have your medical records reviewed by a physician and that physician must state in an Affidavit (called an Affidavit of Merit) that the alleged negligent doctor was in fact negligent and that this negligence caused you injury. Often times, these reviews and affidavits can cost more than a thousand dollars, and in some instances you need more than one doctor to review and provide an affidavit. And this is just to get your foot in the courthouse door. On top of that, you will incur several thousand dollars in expenses to get your case to trial, and possibly several thousands more for trial. Therefore, the case must have a significant value in order to make it worth pursuing and incurring the thousands of dollars in expenses that will be incurred.
If you do wish to pursue your claim, it would be wise for you to consult with an experienced malpractice attorney. You have a very limited time in Ohio to file a lawsuit, so if you wish to pursue, you need to begin speaking with a lawyer as soon as possible.

Best of luck.



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