When an Ohio jury assesses the quality of medical treatment, it will look at what a physician does and what they fail to do in your care. This means that a misdiagnosis and a failure to diagnose can also be grounds for a lawsuit if it has caused you or a loved one harm.
Did the doctor act reasonably under the circumstances?
When you file a medical malpractice lawsuit, the court will look at whether the doctor provided reasonable care under the circumstances. Through expert testimony and a review of medical records, the court will establish what the average doctor would have done and whether this doctor departed from the usual care. If the answer is yes, the doctor may owe you substantial compensation. These cases are very fact-intensive, and they can be complicated. The fact that a doctor made a mistake is not enough. You would need evidence that would show that a reasonable doctor would not have made that error.
Medical diagnosis errors hurt millions of people
Issues with diagnoses are actually a common ground for medical negligence lawsuits. Diagnostic errors impact over 12 million Americans each year. Up to 80,000 people each year die from diagnostic mistakes in hospitals. Countless others will suffer permanent injury from these medical errors. You may have a lifetime of financial and physical costs ahead from these errors. The comfort that you have is that the doctor must pay for their mistake if they harmed you.
If you or a loved one have been harmed by a misdiagnosis or missed diagnosis, you should seek legal advice immediately. A medical malpractice attorney could investigate the situation and inform you whether you have a legal cause of action against the doctor. However, you must act before the statute of limitations expires.