We can handle cases occurring in other States in the circumstances described below. If we cannot represent you, we still may be able to help. We belong to a national network of medical malpractice attorneys who share information and resources with one another. We would be pleased to refer you to a capable attorney who practices in your State.
When a medical negligence case occurs in another State, we can represent you in the following situations:
- If medical services were rendered by a physician residing outside the State of Ohio for a patient located in Ohio, we can represent you. Many medical services are provided by physicians located in other States, such as pathology and radiology interpretation, ICU and cardiac monitoring, and stroke consultations. Outsourcing medical services to physicians located in other States is a new trend that is here to stay. Generally, if the services are regularly provided, the out-of-State provider can be haled into an Ohio court. I am currently involved in a such a case where pathology slides were sent to a Colorado doctor who negligently mis-reported her findings thereby causing a delay in diagnosis of malignant melanoma.
- When an out-of-State patient sustains injury or death as a result of poor care provided in Ohio, we can represent you. With the advent of major referral centers like the Cleveland Clinic and University Hospitals, we have represented injured patients from various States and even other countries who travel to Ohio for healthcare.
- When the medical malpractice occurs in another State but some care occurs in Ohio or the negligence results in the wrongful death of an Ohio resident, we may be able to represent you. Our firm can enter into arrangements to co-counsel a case with an attorney from another State, where duties are shared. In these cases, the client pays one fee and the attorneys work together to optimize representation at no additional cost to the client. In rare cases, we can even get admitted to practice in another State.
- In cases arising out of an injury caused by a vaccine, we can represent you. These cases must be brought in the U.S. Court of Federal Claims in Washington, D.C. Howard Mishkind, Esq. has obtained a certification which allows him to represent patients with this unique and specialized claims process.
- If you reside in the State of Ohio and the act of medical malpractice occurred in a State that is contiguous to Ohio (West Virginia, Michigan, Pennsylvania, Indiana, Kentucky), we may be able to represent you if the negligent healthcare provider lives or advertises in Ohio. We represented the Estate of an Ohio woman who died in West Virginia as a result of negligent emergency room care. In that case, the defendants advertised in Ohio which was sufficient to confer jurisdiction on an Ohio court.
(Section: Frequently Asked Questions)