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Medical Malpractice Claims for Wrong Diagnosis
Filing a Medical Malpractice Claim for Wrong Diagnosis
In a wrong diagnosis lawsuit, you must prove the wrongful action or inaction of a medical professional. If the doctor had acted reasonably in evaluating your condition, ordered reasonable medical tests, and otherwise acted within the standard of care expected of other professionals, you will not have a valid suit.But if the doctor did not perform a full evaluation and do his or her due diligence in assessing your condition – such as not ordering tests other reasonable professionals would have ordered under similar circumstances – then you may have a valid suit alleging medical malpractice.Medical records and all relevant medical correspondence are required to show:
How the wrong diagnosis occurred;
When it occurred; and
The course of treatment or lack thereof.
Anything related to the diagnosis and treatment is needed to prove negligence.Other important points regarding medical malpractice claims under Ohio law include:
A medical expert must testify. To evaluate the doctor’s actions or inaction related to your care and wrong diagnosis, Ohio requires a medical expert provide testimony. This individual must be a doctor in the same field and must spend 75 percent of his or her time practicing or teaching medicine in a university.
You have one year to file your claim.This time period starts from the point at which you discover the wrong diagnosis, or when you reasonably should have discovered it. If you file a notice of claim within the one-year period, you have 180 days to bring the claim.
Other medical professionals might be liable.This type of claim is not only filed against a doctor. A dentist might be liable if the wrong diagnosis is related to oral or dental care, and in some cases a hospital might be liable if it employed the doctor.
Compensation for a Medical Malpractice Claim
The damages recoverable in malpractice cases are vast and varied. That’s why you should talk to a lawyer to see what you will be eligible to recoup and also to determine if you have a viable medical malpractice case.If you do have a case,your compensation could include: