Most Common Types of Medical Malpractice Claims in Ohio
Posted in: Medical Malpractice
KNR Legal Blog
A positive or negative cancer result is life-altering news. But before you prepare for the worst or assume you’re in the clear, make sure the diagnosis is accurate. According to recent studies, the total cancer misdiagnoses fall around 11%, with lung cancer specifically misdiagnosed at a rate of 22.5%.
This data suggests that no matter how knowledgeable doctors and nurses are, they’re still human and make mistakes. Unfortunately, an error involving your health can have devastating and costly effects.
Learn more about cancer misdiagnoses, when one could qualify as medical malpractice, and how to recover compensation if you were misdiagnosed in Ohio. Call Kisling, Nestico, & Redick, LLC today at 1-800-HURT-NOW for a free consultation.
According to The National Law Review, the top five misdiagnosed cancers are:
With any cancer, particularly rapidly progressing types, it’s crucial to receive an accurate diagnosis and begin treatment as soon as possible. Unfortunately, some cancers are over- or under-diagnosed, causing many patients to suffer.
The New England Journal of Medicine reports that as many as 31% of breast cancers are over-diagnosed. On the other hand, prostate cancer, the second-most common cancer in men, can be underdiagnosed. Men with rising PSA levels should be closely monitored and sent for further testing. Sadly, this isn’t always the case.
Types of cancer misdiagnoses include the following:
The patient is mistakenly told they do not have cancer. They may be misdiagnosed with a benign condition or told there isn’t cancer present. Regardless, a false negative diagnosis prevents them from beginning cancer treatment in time.
The patient is misinformed that they have cancer when they do not. A false positive or “false alarm” diagnosis can result in unnecessary treatments with significant side effects.
This refers to a doctor’s failure to diagnose a patient in a timely manner. The patient is still given a correct diagnosis, but far too late to begin necessary treatment or prevent cancer from spreading.
Here are potential “red flags” to look out for before and after receiving a cancer-related diagnosis:
These behaviors and more could suggest a doctor did not adequately evaluate and diagnose you. Even if their diagnosis ends up being correct, you should always trust your gut if you feel like something is off.
If you suspect your cancer was misdiagnosed, take steps to protect your health:
Seek out another doctor’s input on your cancer diagnosis to double-check if it’s accurate. A second or even third opinion might reveal a different story and prevent you from further harm. Another medical provider can evaluate you more thoroughly and either confirm your initial diagnosis or provide an accurate one.
If you believe you were misdiagnosed, contact a lawyer as soon as possible. Many lawyers offer free consultations to discuss your misdiagnosis and determine if you have a valid medical malpractice case. From there, an experienced attorney can help you recover the compensation you deserve.
In Ohio, medical malpractice laws are complex and require an element of negligence. A doctor could have committed medical malpractice if they refused to perform their duties at the level any reasonable doctor would have in the same situation.
If you feel wronged by a false or delayed cancer diagnosis, legal options are available. A highly experienced medical malpractice lawyer can review your case and determine if you have a claim. Your lawyer can work with independent medical experts to establish negligence and fully support your malpractice case.
A misdiagnosis may seem like an honest mistake. However, some cases may be medical malpractice. When a provider’s negligent or reckless behavior results in your harm, the hospital or other facility could be held liable for your damages.
If you have a case, a written notice must be served to everyone involved in your alleged diagnosis or treatment.
As the victim, you have the burden of proof to prove a misdiagnosis occurred. You will need substantial evidence showing the medical error rises to the level of malpractice.
Seek out experienced legal representation that knows how to gather the necessary evidence for your claim, including:
To prove fault in your medical malpractice case, the following four elements of negligence must be met:
A medical professional may act recklessly and misdiagnose a patient’s cancer if they:
Ohio Revised Code §2305.113 says that a medical malpractice lawsuit must start within one year after the malpractice event. You’ll have one year after your misdiagnosis or wrong treatment to file a lawsuit.
If you are a parent or a guardian of a minor child or an adult child with a mental disability, the statute of limitations extends to four years. But you must not delay in filing a medical malpractice claim.
According to responses in a poll from physicians in Best Doctors, Inc., the following are the most common reasons for cancer misdiagnosis:
Suppose that in the first year after treatment, you find out that you were misdiagnosed. In that case, a written notice can extend your right to sue for 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.
Many doctors will advise you to get a second opinion, especially in the face of a vague diagnosis. Some studies show that second opinions don’t always lead to better health results, but they can lead to better medical decisions. A second set of eyes reviewing your case can reassure you that the diagnosis was accurate or that you need more tests before you begin an invasive treatment.
Medical professionals will not be offended if you ask for a second opinion, and with increased availability of virtual sessions, you can find a provider to match your convenience.
If you discover your cancer diagnosis was false or delayed, it is crucial to seek the experience and knowledge of an Ohio medical malpractice attorney as soon as possible. Misdiagnosis-related claims or lawsuits can be highly complicated and often require a careful legal eye. At Kisling, Nestico, & Redick, LLC, our dedicated medical malpractice lawyers are ready to take on a negligent hospital and fight for the compensation you need to manage your health moving forward.