The Ohio Supreme Court heard arguments recently in a medical malpractice case involving the University of Toledo – College of Medicine and the issue of state employee immunity from litigation. The court’s decision in this case will have significant implications for certain medical negligence plaintiffs.
In this case, the court must decide if a surgeon who was treating his own patient is immune from a medical malpractice lawsuit because a student was observing the procedure. The plaintiff in the case alleges that the surgeon made mistakes during two vasectomy procedures which caused pain, additional medical bills, lost wages, and emotional distress. The surgeon claims immunity under Section 9.86 of the Ohio Revised Code. His legal team argues that the plaintiff can only seek damages from the University of Toledo’s medical school, claims an
At stake in the highest state court’s decision is whether liability of certain actions performed by some 8,000 Ohio doctors who now serve in similar mentoring functions will be shifted from private insurers to the state.
As to whether that is good for medical malpractice victims, the plaintiff in this case has argued against immunity from the start, preferring to proceed directly against the surgeon. Five years from the events that caused him harm, the plaintiff is still awaiting his day in court on the underlying malpractice issue.
The life cycle of medical negligence lawsuits in Brooklyn and Long Island are often quite long because legal complexities often arise. For that very reason, injured parties or surviving family members should keep in mind that they must enlist a Law Office that has the resources and experience to handle their claim over the long haul.
One of the most important steps is to assemble a record of harm suffered and symptoms. As soon as awareness hits that something went wrong, the patient needs to compile information and lists. From surgical mistakes, birth injuries and other medical mistakes to failures to diagnose cancer, heart disease or the aftermath of a stroke, identifying the harm is vital to being able to assess what went wrong.
In the present case, the defense tried to deflect legal liability to another party. When legal maneuvering causes protracted delays, it is important to know that your medical malpractice lawyer will keep you updated about the status of your claim.
Contact a New York Medical Malpractice Attorney with your claims and information to see what your legal options are. Always choose professional, capable legal counselors like New York Medical Malpractice Attorneys.