Cleveland Misdiagnosis & Failure to Diagnose Lawyers

A misdiagnosis or failure to diagnose can stem from a physician’s negligence. All doctors have a code they must follow to make timely and accurate diagnoses. Doctors must listen to symptoms, create a list of possible diagnoses, and go through the process of eliminations using medical tests and exams to rule out conditions until the most likely one remains. If a physician failed to meet this standard of care with you, resulting in injury or illness, contact Elk & Elk for a consultation with an attorney.

Why Choose Our Firm?

  • We have successfully recovered damages for clients injured from medical malpractice for more than five decades.
  • We use your personal safety and needs to inform our legal strategies from the outset. You will consult with your lawyer in depth to craft a plan.
  • We operate using a contingency fee basis. Our firm does not charge for legal services rendered until we win the case.

Do You Need a Misdiagnosis Lawyer?

Misdiagnosis and failure to diagnose are two common forms of medical malpractice in Cleveland. Winning your case against a negligent physician, however, can be difficult unless you hire an attorney. Doctors and medical centers have significant resources they will spend on fighting your claim. Unless you want to settle for less than your case is worth, hire an attorney to represent you during insurance negotiations. You can have peace of mind with an attorney advocating on your behalf.

What to Do If You Suspect a Diagnosis Error

Diagnosis errors happen more often than most patients realize. Although the law does not expect doctors to be correct 100% of the time, it does require them to adhere to the standards of industry care while making a diagnosis. If you believe your doctor is guilty of making a negligent misdiagnosis, or failing to diagnose your condition completely, get a second opinion.

  1. See another doctor about your condition. Go to another physician or a specialist to see if someone else agrees with your first doctor’s conclusion.
  2. Follow treatment plans. If a doctor has given you a treatment regimen, follow it closely. You have a duty in Ohio to mitigate your damages by following a doctor’s orders.
  3. Keep medical records. Keep copies of all your medical records, documents, and bills for future reference.
  4. Speak to an attorney. Call a lawyer as soon as you believe you have been the victim of a diagnosis error. A lawyer can help you gather evidence and build a case.
  5. Fight for fair compensation. If the diagnosis mistake caused you additional medical bills, lost income, or pain and suffering, your attorney can enter a claim for these damages.

It is critical to act fast once you suspect misdiagnosis or failure to diagnose. If you miss your deadline to file, the courts will most likely refuse to hear your case. The attorneys at Elk & Elk answer client calls 24/7.

Ohio Medical Malpractice Laws

Pursuing compensation for misdiagnosis or failure to diagnose takes the form of a medical malpractice claim. In Ohio, you have one year either from the date you discover your injuries or the last date of treatment with the negligent provider to file a medical malpractice lawsuit. Your claim must also come with an affidavit of merit. A qualified expert, such as a physician in the same practice area as your doctor, must sign the affidavit supporting the validity of your medical malpractice claim. A lawyer understands applicable state laws and can help you file a successful lawsuit in Cleveland.

Contact Us for a Free Case Review

A diagnosis mistake can occur because of physician fatigue, stress, impatience, or incompetence. A miscommunication or misinterpretation of test results could lead to a misdiagnosis – or the failure to order the correct tests altogether. No matter what caused your diagnosis error, the Ohio personal injury attorneys and investigators at Elk & Elk can get to the bottom of it and help you seek restitution. Call (216) 313-9774 today for a free consultation in Cleveland.