According toCleveland.com, a retired Air Force Colonel claims that he was a victim of medical malpractice at the hands of Cleveland Clinic surgeons. The lawsuit is now before the Ohio Supreme Court. Colonel David Antoon claims that while he consented to a surgical procedure being performed by a veteran Clinic surgeon, it was instead performed by two doctors-in-training who did so negligently. As a result of the surgical procedure, a prostatectomy, Mr. Antoon claims that he was rendered incontinent and permanently impotent. He also now suffers from Peyronie’s disease, a painful curvature of the penis.
At issue in the appeal in front of the Ohio Supreme Court is Ohio’s Statute of Limitations and Repose. In Ohio, there are two key deadlines to bring medical malpractice cases, the Statute of Limitations and Statute of Repose. Under Ohio law, patients have one year from the date of the malpractice or one year from the date of the discovery of the malpractice (or one year from the date when the malpractice should have been discovered) to bring a lawsuit. Further, patients have a hard deadline of four years to discover the malpractice. In other words, generally speaking, if patients discover the malpractice five years after the occurrence of the malpractice, their suit is barred (there are some exceptions such as in the case of minors or the mentally incompetent or foreign objects left in the body during surgery).
The case of Colonel Antoon highlights the importance of contacting an experienced medical malpractice lawyer, like those at Tittle & Perlmuter, as soon as possible if medical malpractice is suspected. With the short deadlines in Ohio for medical malpractice cases, it is imperative that a medical malpractice attorney investigates any potential case as early as possible. If you have been injured as a result of medical negligence or lost a loved one because of medical malpractice,the experienced Cleveland medical malpractice lawyers at Tittle & Perlmuter can seek the compensation you deserve. Give us a call for a free evaluation and consultation.