Columbus Misdiagnosis & Failure to Diagnose Lawyer
One of the most important duties a physician owes to his or her patients is to make an accurate, reasonable diagnosis using the proven and accepted methods in the medical industry. Any action or omission that fails to fulfill this standard of care, resulting in misdiagnosis or failure to diagnose, is medical malpractice. Speak to a Columbus medical malpractice lawyer at Elk & Elk if you believe you or a family member has been the victim of a diagnosis mistake in Columbus, Ohio. We will meet you at our office, your home, or a hospital to discuss your case for free. Call (800) ELK-OHIO today.
Why Choose Elk & Elk?
- Our initial consultations are always free, confidential, and at no obligation to retain our firm. We do not charge anything for our services up front.
- Our firm wants to make the legal experience as easy as possible for clients. We have offices located throughout Ohio for your convenience.
- Our lawyers understand the financial difficulties you could be facing as the victim of misdiagnosis. We represent clients on a contingency fee basis – you will not pay unless we secure a financial award on your behalf.
Do You Need an Attorney for Misdiagnosis?
Misdiagnosis and failure to diagnose are serious mistakes that could prematurely end a patient’s life. Failure to receive the appropriate treatment in a timely manner, as a patient would with an accurate diagnosis, could prove fatal. If you lost a loved one or suffered serious damages yourself – such as decreased life expectancy – call a lawyer to represent your case. A lawyer will make sure the at-fault party pays what you require to move on. A Columbus personal injury lawyer will fight for full and fair compensation during insurance claim negotiations or a medical malpractice trial while you focus on healing.
Elements of a Medical Malpractice Claim in Ohio
Determining whether you have a medical malpractice claim in the state of Ohio takes examining the four main burdens of proof a plaintiff has during these types of cases. An attorney can review the facts of your case. A lawyer can also help you establish the necessary elements for your claim during the legal process.
- Duty of care. A doctor-patient relationship must have existed at the time of the diagnosis for the physician to owe you a legal duty of care. If you have a friend who is a doctor, for example, his or her diagnosis at brunch would not be grounds for a claim. The defendant must have owed you a professional duty of care at the time.
- Breach of duty of care. The physician must have breached a duty of care during the diagnosing process. Any act of negligence that causes a failure to fulfill the accepted standards, such as ordering the wrong tests or ignoring symptoms, could constitute a legal breach of duty.
- Causation. The defendant’s breach of duty must be the main cause of your damages. If, for example, a doctor failed to diagnose terminal cancer, but you would have suffered the same outcome regardless, the doctor may not be liable for any damages – even if he or she failed to diagnose the cancer. A connection must exist between the breach of duty and your losses.
- Damages. Finally, the misdiagnosis or failure to diagnose must have resulted in real, specific damages to you or your loved one. These damages may include physical injury or illness, additional medical costs, lost income, pain and suffering, and wrongful death. If the diagnosis mistake did not harm you, you will not have grounds for a case.
Fulfilling the burden of proof in a medical malpractice claim in Ohio also requires filing an affidavit of merit with the initial lawsuit. An appropriate expert witness, such as a licensed physician, must sign the affidavit confirming that he or she believes the plaintiff has grounds for a case. A lawyer can arrange for an affidavit of merit for your specific case.