Most Common Types of Medical Malpractice Claims in Ohio
Posted in: Medical Malpractice
KNR Legal Blog
Hearing that you have cancer is life-altering news. But before you prepare for the worst or assume you are in the clear, you should be sure the diagnosis is correct. Although doctors and nurses are knowledgeable in their field, even they can make mistakes. This results in undergoing either unnecessary treatment or not receiving any treatment depending on the failed diagnosis.
Healthcare professionals misdiagnose cancer in more than one out of four cases. Boston Magazine cited a study by the British Medical Journal Quality and Safety Journal that reported 28% of cancers are misdiagnosed.
According to The National Law Review, the top five misdiagnosed cancers are:
According to responses in a poll from physicians in Best Doctors, Inc., the following are the most common reasons for cancer misdiagnosis:
Cancer diagnostic errors include the following:
Patients suffer when they are over-diagnosed and under-diagnosed. The New England Journal of Medicine reports that as many as 31% of breast cancers are over-diagnosed, causing healthy patients to undergo cancer treatments for no reason.
According to the American Cancer Society, prostate cancer is the most common cancer in men. However, it can be underdiagnosed. Men with rising PSA levels should be closely monitored and sent for further testing, yet this isn’t always the case.
A misdiagnosis may seem like an honest mistake; however, there are cases where negligence caused the misdiagnosis. When someone’s careless or reckless behavior results in your harm, the hospital could be held liable for your damages.
To prove fault, the four elements of negligence must be satisfied. To do this, you need to establish that:
Many actions can cause medical professionals to be negligent and misdiagnose patients, including:
When faced with the uncertainty of cancer, most doctors will advise you to get a second opinion. A 2017 study in JAMA found that only 9.8% of women diagnosed with breast cancer received a second opinion; reasons for not getting a second opinion range. A patient may not want their doctor to feel they aren’t trusted or are concerned a second opinion will delay treatment.
A true professional in the medical field would not be offended by a patient who wanted a second opinion. Cancer treatment often involves multiple doctors working together in your treatment. There can be numerous treatment options with cancer, and seeking a second opinion can help make these decisions.
Suppose that in the first year after treatment, you find that something was misdiagnosed. In that case, a written notice can extend your right to sue for an additional 180 days. No matter what, written notice is required, and §2305.113 is very specific about how you must give notice.
If you know something is still not right after treatment, you should continue consulting with medical professionals. Suppose that within four years of consulting with medical professionals, it is determined that something was amiss with the original diagnosis/treatment. In that case, you have a year to file from this date.
If you are a parent or a guardian of a minor child, or an adult child with a mental disability, the statute of limitation extends to four years. But you must not delay in filing a medical malpractice claim.
Medical malpractice is complex, and a cancer misdiagnosis can change your life. A highly skilled medical malpractice lawyer can review your records and examine your case to determine if you have a claim. Sometimes a medical professional will be consulted in helping with this review.
If you have a potential case, a written notice must then be served to everyone involved in your care, either:
As the victim, you have the burden of proof to provide substantial evidence that proves a misdiagnosis occurred. Therefore, you need experienced legal representation that knows how to gather the necessary evidence for your claim. Call Kisling, Nestico & Redick today at 1-800-HURT-NOW to schedule a free consultation.