Dayton Misdiagnosis & Failure to Diagnose
When you visit the doctor, you expect that he or she will use this to accurately diagnose your conditions. However, failure to diagnose and misdiagnosis can occur in doctors’ offices – often with devastating results.
If you are struggling with the aftermath of a misdiagnosis or a failure to diagnose, contact Elk & Elk today to discuss your situation. You may be eligible for compensation for your injuries through a medical malpractice lawsuit.
Why Choose Elk & Elk?
- Over our years of operation, our attorneys have secured some of the highest settlements in Ohio history – totaling over $1 billion.
- We have over 50 years of combined experience in all areas of personal injury law, including medical malpractice.
- If you are still recovering from your injuries, our attorneys will gladly visit your home or hospital room for maximum convenience.
What Is Medical Misdiagnosis?
Medical misdiagnosis or a failure to diagnose occurs when a doctor examines a patient and fails to accurately diagnose his or her condition. The doctor may either claim that nothing is wrong with the patient or that the patient is suffering from a different condition. This misdiagnosis can lead to a worsening condition, the development of other conditions, and even death in some circumstances.
One characterizing factor of misdiagnosis is that a similarly trained and educated doctor would not have made the same mistake if he or she saw the patient instead of the negligent doctor. Some illnesses and injuries are so rare or unusual to diagnose that it would be difficult for any doctor to make the diagnosis. However, a doctor mistaking a common form of cancer for another condition would be a negligent misdiagnosis.
Common types of medical misdiagnosis include the following.
- Mistaking one disease for another disease
- Failure to diagnose a condition in a reasonable time frame
- Mistaking medication side effects as an illness
- Providing a correct diagnosis, but failing to identify the correct underlying cause
Damages You Can Claim in Misdiagnosis Lawsuits
Misdiagnosis can lead to severe injuries or illnesses, costing you thousands in additional medical bills and lost wages. You can also suffer other consequences, such as a shorter lifespan than you would have had previously. Under Ohio state law, you can receive compensation for these damages with a medical malpractice lawsuit. You have one year from the date of your misdiagnosis to file this lawsuit in Ohio civil court, or up to four years from the date of the misdiagnosis if you could not have reasonably known about the condition at the time.
You can claim both economic and noneconomic damages in Ohio medical malpractice lawsuits. You can only receive compensation for the injuries and illnesses you sustained as a result of the misdiagnosis.
- Past and future medical expenses related to the worsening or additional injuries or illnesses
- Lost wages due to recovery time
- Pain and suffering
- Emotional anguish
- Loss of quality of life
- Permanent disability or impairment
- Loss of future earnings
Why Do You Need an Attorney for Your Medical Malpractice Claim?
Proving a case of medical malpractice and misdiagnosis can be a challenge without an attorney. Hiring a medical malpractice attorney from Elk & Elk can help guide you through this process and provide you with the resources necessary to craft a compelling case on your behalf. We can consult with medical experts, obtain and review all necessary medical records, and interview witnesses to help you obtain the compensation you need to recover.
Contact Elk & Elk Today
Has a doctor misdiagnosed or failed to diagnose your injury or illness? Are you suffering a worsening condition due to this action? Elk & Elk can help. Contact us today to discuss your legal options and start the medical malpractice lawsuit process.