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Failure to Diagnose and Improper Diagnosis in Ohio
One of the most important steps in medical treatment is finding out what condition is impacting the patient. Without a proper diagnosis, doctors and other providers cannot begin to treat a patient. Unfortunately, there is also often an element of time when it comes to effective treatment, and improper diagnoses can cause a person severe harm. For instance, a treatable infection can quickly lead to something far more serious if the patient does not get the care they need. If you suffered an injury or harm because of an improper diagnosis, the medical malpractice attorneys at Crandall & Pera Law are here to help. Your lawyer can determine whether you might have a legal claim, and guide you through the process of seeking compensation.
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What Constitutes Failure to Diagnose?
Failure to diagnose happens when a doctor either completely misses the symptoms of disease or offers the wrong diagnosis. This issue can lead to a patient’s condition deteriorating, with potentially fatal results. Sadly, statistics indicate that around 11% of all conditions are misdiagnosed. Those errors cause close to 800,000 people to suffer permanent disability or fatal consequences every year in the US. There are various oversights and other mistakes that could lead to a failure to diagnose. Some causes include not ordering the right tests, misreading test results, or ignoring patient symptoms and complaints. When a treating doctor makes these types of serious errors, and they lead to consequences for a patient’s health, courts will often hold the doctor liable for damages.
Commonly Missed Diagnoses
Many illnesses share symptoms with other diseases and can present as other conditions. It can, therefore, be challenging to correctly diagnose every patient all of the time. However, when a doctor is cautious, requests the right tests, and listens carefully, they can prevent many of these errors from happening and harming patients.
There are some serious illnesses that are often misdiagnosed or diagnosed too late. In fact, three out of four misdiagnoses involve cancer, infections, and heart conditions, all of which can become far worse if left untreated.
Some specific conditions that doctors often miss include:
- Colorectal cancer
- Breast cancer
- Lung cancer
- Bladder cancer
- Prostate cancer
- Stroke
- Myocardial infarction
- Pulmonary embolism
- Sepsis
- Brain hemorrhage
- Pneumonia
According to researchers, a 50% reduction in misdiagnoses of just a few of these conditions – pneumonia, stroke, Pulmonary embolism, sepsis and lung cancer – would result in 150,000 fewer permanent disabilities and deaths each year.
Examples of Diagnostic Errors
From the moment a patient arrives at a medical facility, the actions of the staff and providers can lead to errors that could potentially result in a missed or incorrect diagnosis. Some mistakes that could impact the diagnosis include:
Not taking a thorough patient history
Patient records and histories include critical information that could help providers diagnose conditions and prescribe the right medications. For instance, if a patient has symptoms that could be associated with a number of diseases but they have a family history that shows a predisposition to one, there is a strong indication that the facility should run tests for that condition. Also, if the patient is on medication, it is important to have those records so that the provider does not prescribe something that could interact with that medication. Documentation of allergies is also extremely important to avoid causing harm.
Dismissing or downplaying symptoms
Doctors may dismiss a patient’s symptoms or pain, potentially brushing them off as a complainer or assuming physical symptoms are a sign of something psychological, like depression. Such treatment seems to impact women and minority communities more often. Even women who are healthcare providers have struggled to have doctors take their symptoms seriously, sometimes leading to delayed treatment of serious conditions. One study showed that women waited, on average, 65 minutes in emergency rooms to receive pain medication while men waited just 49. They also experienced longer delays in diagnoses of cancer and autoimmune diseases and were more likely to be sent home from a hospital when they were suffering from heart attacks and strokes.
Misinterpreting diagnostic tests
Misdiagnosis may happen because a provider does not correctly interpret test results, like X-rays, MRIs, or bloodwork. In one study of patients seeking a second opinion, researchers found that only 12% of primary care diagnoses were correct, while 66% required some modifications to the diagnosis. A disturbing 20% of patients were misdiagnosed.
Failing to order necessary tests
Researchers found that 55% of misdiagnoses result from a doctor failing to order the appropriate tests. Poor judgment was to blame in many of these cases, highlighting how important it is that physicians listen to their patients and take their symptoms seriously.
Sticking to an incorrect diagnosis without considering alternatives
Doctors may diagnose a patient with a common ailment instead of investigating whether the person has something more serious. Confirmation bias – the tendency to look for information that confirms your beliefs – can make it harder for doctors to consider alternatives once they make an initial assessment. This type of error can lead to dangerous delays in treatment.
Consequences of Misdiagnosis
A misdiagnosis can have severe repercussions for the patient. Some potential consequences include:
- Incorrect Treatment: Patients may undergo unnecessary treatments that can cause harm. The wrong treatment may increase the need for additional care and cause the person to incur extra costs.
- Delayed Diagnosis: The condition can worsen. In some cases, a treatable condition becomes untreatable, or the person will have much more limited treatment options.
- Permanent Injuries: Delays in diagnosing conditions can result in permanent damage. For instance, even short delays of treatment for heart attacks or strokes cause serious issues for patients.
- Fatalities: Tragically, the failure to diagnose can also lead to death.
While a diagnostic error may seem like a clear sign of medical negligence, your Ohio medical malpractice attorney has to prove more than just that the provider made a mistake. It is necessary to show that the doctor or other practitioner violated the standard of care.
Establishing the Standard of Care
The standard of care is what a competent doctor in the same field would do under similar circumstances. Medical malpractice claims hinge on this concept. Some mistakes might not rise to the level of a violation of the standard. For instance, a very rare disease or one that did not present with normal symptoms might be difficult for any provider to diagnose. To prove malpractice, you and your attorney must show that your doctor deviated significantly from the standard and that those deviations caused harm.
Filing a Failure to Diagnose Lawsuit in Ohio
If you or a family member suffered injuries because of a missed or improper diagnosis, you need to act quickly. Ohio has a strict statute of limitations for medical malpractice claims that limits the time you have to file. An experienced Ohio medical malpractice lawyer can guide you through the process and help you gather the necessary evidence to prove your claim.
How to prove your case
A successful failure to diagnose lawsuit must demonstrate:
- A doctor-patient relationship existed
- The doctor neglected to meet the appropriate standard of care
- That failure directly caused your injury, illness, or the worsening of your condition
- You suffered damages, including expenses, as a result
What can you recover as compensation
Compensation for a failure to diagnose a claim can cover:
- Medical expenses (both past and estimated future costs)
- Lost wages (both past and estimated future losses in earnings)
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
An experienced Ohio medical malpractice attorney will help you document your expenses, estimate the real value of your claim, and prove your damages.
Why You Need an Ohio Failure to Diagnose Lawyer
Medical malpractice claims are challenging because of their highly technical nature. From the beginning, you need experienced representation to build your medical malpractice case. Doctors, hospitals, and insurance companies will work to defend against your claim and minimize your damages. At Crandall & Pera Law, we stand up for your rights throughout negotiations and litigation. If you or a loved one suffered injuries because of a diagnostic error, contact us for a free consultation.
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