Judge’s Ruling Overturned in Medical Malpractice Case

by | Sep 6, 2016 | Firm News, Medical Malpractice |

Medical malpractice cases can get tricky, and it can be hard for the victims
to get heard, especially if some time has passed since their injuries.
To try to eliminate the strain in this case, a Hamilton County judge ruled
that limiting the time allowed for making a medical claim was unconstitutional.
This led to the same case heading to an appeals court where the ruling
was overturned. Now, the defendants may have a chance to have the case
dropped, as they previously asked for it to be dismissed.

In the initial case, a spine doctor was accused of medical malpractice
and fraud for performing unnecessary surgeries and then billing Medicare.
The doctor fled the country in 2013 and has not been found; unfortunately,
being unable to sue the doctor means that his actions have left patients
to seek compensation from the hospitals where they received their care.

West Chester Hospital and UC Health agreed to pay out $4.1 million to settle
Medicare allegations, but the report didn’t indicate if the hospital
planned to pay out for medical malpractice claims against the doctor.
The situation is unique, and the victims claim that they shouldn’t
be held back by the statute of repose, which limits their time to file a claim.

The Ohio appeals court reportedly overturned the judge’s ruling that
the statue of repose should be eliminated due to unconstitutionality.
It stated that lower courts must uphold the laws of the state regardless
of the individual judge’s feelings. If the victims’ claims
were misclassified, then it was because they were misidentified as medical
claims due to how they were presented, the court stated.


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