Misdiagnosis isn’t usually the first thing that comes to mind when people think of medical malpractice. More common in the media or on television are instances of a patient receiving the wrong medication, or even complications during surgery.
However, misdiagnosis can be just as serious as other types of medical malpractice.
Our experienced team of Ohio medical malpractice attorneys at Cooper Elliott can walk you through a medical misdiagnosis case.
Can Misdiagnosis Be Considered Medical Malpractice in Ohio?
There are several types of potential medical malpractice in Ohio, including:
- Anesthesia errors: Administering an incorrect dosage, improper intubation, or failure to monitor a patient
- Childbirth injuries: Failure to properly attend to the mother and baby throughout labor and delivery
- Hospital management: Lack of training, unsterile equipment, or poor maintenance practices that affect patient health
- Pharmacy error: Dispensing the wrong medication or incorrect dosage that causes harm
- Physician malpractice: Incompetence, negligence, or distractions that lead to serious injuries or death
Because it is a form of potential medical malpractice, victims of misdiagnoses may have a claim for medical malpractice, including a potential lawsuit, in the pursuit of justice, including through a potential settlement or other compensation.
Additionally, if you can prove that the misdiagnosis led to the patient’s death, you may be able to pursue a wrongful death claim.
It’s important to note that that the statute of limitations, or time limit, for a standard medical malpractice claim is one year from the date an injury occurred. (The statute of limitations for a wrongful death claim is two years from the date of death.)
Are There Requirements Regarding Who Can File a Medical Malpractice Claim in Ohio?
While victims of medical malpractice and misdiagnoses can, as a general matter, file a claim or lawsuit in Ohio, there are some caveats.
In order for a party to file a medical malpractice lawsuit, even with the help of a dedicated attorney, they must meet the following requirements:
- They are the adult victim with the mental capacity to file a claim
- They are the adult parent(s) of a minor who received the misdiagnosis
- They have a power of attorney for an incapacitated victim
- They are the victim’s spouse, parent, adult child, or beneficiary in the case in which tthe victim is deceased due to the medical malpractice
Contact the Ohio Medical Malpractice Attorneys at Cooper Elliott Today!
It can be overwhelming to start the legal process for a misdiagnosis that leads to your injury or the loss of a loved one. However, many of our clients find that taking action can be one of the first steps to healing after a misdiagnosis. Let us help you in your fight for justice. Contact our Ohio medical malpractice attorneys at Cooper Elliott today, and we can schedule your initial consultation.
