Misdiagnosis Vs. Delayed Diagnosis: How Ohio Medical Malpractice Law Treats Each
You trust medical professionals in Sandusky to provide appropriate care. Unfortunately, medical mistakes are common and can impact your life for years afterward.
Maybe you went through treatment you never needed, or your real condition kept getting worse while doctors looked in the wrong direction. Our Sandusky medical malpractice lawyers explain how Ohio law applies to cases of medical misdiagnosis and delayed diagnosis and what you need to know to protect your rights.
What Separates A Misdiagnosis From A Delayed Diagnosis in Sandusky?
According to the Ohio Department of Insurance, over 3,000 medical malpractice claims are filed throughout the state each year, placing us in the top ten for potential risk. Misdiagnosis and delayed diagnosis are among the most common ways they happen.
A misdiagnosis occurs when an Erie County healthcare provider misidentifies or delays identifying your condition, treating you for something you never had while your real problem goes unaddressed. A delayed diagnosis is when a provider eventually gets it right, just too late. Both can cause serious harm.
You may be entitled to compensation in a medical malpractice lawsuit under Ohio law, but there are four elements you must prove:
- You had an established relationship with the provider at the time of the error.
- The provider fell short of what a competent doctor in the same specialty would have done in the same situation.
- That failure directly caused you harm.
- The harm led to real, measurable losses like medical bills, lost income, pain, or a shortened life expectancy.
Every one of these cases comes down to the same question: what should a competent provider have done differently?
Protect Your Rights in a Sandusky Medical Misdiagnosis and Delayed Diagnosis Claim
Whether you are dealing with a misdiagnosis or a delayed diagnosis in Sandusky, the consequences can be severe. Filing a medical malpractice lawsuit through the Ohio courts can help in getting the compensation you need to recover. Here’s what you need to know to protect your rights in a claim:
- You typically have one year after discovering a medical error to file an Ohio medical malpractice claim.
- These claims require a sworn statement from a qualified medical expert.
- In a misdiagnosis case, you must show the mistake led to treatment you never needed, like surgery, chemotherapy, or medication with serious side effects.
- In a delayed diagnosis case, you must show that catching it earlier would have actually changed your outcome.
- Insurers will often argue that your outcome would have been the same regardless of when you were diagnosed.
These are complex cases that take time to review. To get the compensation you need to recover from a medical provider’s mistakes, get professional legal help right away.
Request a Consultation With Our Experienced Sandusky Medical Malpractice Lawyers
Medical misdiagnosis and delayed diagnosis can impact your health in potentially devastating ways. At Murray & Murray, our Ohio medical malpractice lawyers provide the fierce legal representation needed to protect your rights in a claim.
We serve clients throughout Sandusky, Ohio, and the surrounding areas. To get the compensation you need to recover, request a consultation today.
Sources:
dam.assets.ohio.gov/image/upload/insurance.ohio.gov/Legal/Reports/Documents/2021ClosedClaimReport.pdf
codes.ohio.gov/ohio-revised-code/section-2305.113