No one should fear needing medical help because of a potential misdiagnosis or delayed diagnosis; however, it happens too frequently. Researchers have discovered a staggering number of patients who are misdiagnosed or receive a delayed diagnosis every year and consequently suffer serious health problems.
We understand that a misdiagnosis or consequential health issues may hinder you from seeking the compensation you deserve. It’s crucial to contact a Columbus medical malpractice lawyer who can help determine medical malpractice and how much your case may be worth.
Our team fights for those misdiagnosed or diagnosed too late for effective treatment.
Impact of Misdiagnosis or Delayed Diagnosis on Patients
A misdiagnosis or delayed diagnosis can have severe consequences for anyone. Not only can it have detrimental physical effects, but it also causes people to lose trust in the healthcare system altogether.
Diagnostic Errors Are Common
JAMA Internal Medicine recently published a study that discovered that nearly 1 in 4 hospital patients who were sent to intensive care or died had experienced a missed, delayed, or incorrect diagnosis.
Johns Hopkins estimated that roughly 795,000 Americans suffer serious physical or emotional consequences from a diagnostic error every year.
Diagnostic errors can be devastating for patients and their families. They can lead to the condition worsening, emotional distress, and even death. If someone is not treated for the proper condition or is treated too late, they face a much higher chance of worsening or developing adverse health complications.
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What Is the Difference Between Misdiagnosis and Delayed Diagnosis?
A misdiagnosis and a delayed diagnosis are different medical errors but can pose similar threats to a patient’s health.
What Is a Misdiagnosis?
A misdiagnosis occurs when a medical professional gives a patient an incorrect diagnosis. A delayed diagnosis occurs when a patient is not diagnosed in time for proper treatment.
A misdiagnosis often leads to either incorrect treatment or no treatment at all. Not only can a misdiagnosis cause physical harm to the patient, but it can also create emotional distress and a lack of trust towards healthcare providers.
What Is a Delayed Diagnosis?
Typically, a delayed diagnosis leads to severe health complications, more aggressive forms of treatment, and a higher chance of death. Treatments are less likely to be effective the more your condition has developed.
One of the key differences between them is that for a delayed diagnosis, the correct condition is eventually diagnosed but not in time to effectively start treatment.
Both medical errors require sufficient evidence to prove malpractice. The best way to ensure you get the compensation you deserve is with the help of an experienced Columbus medical malpractice lawyer.
What Causes These Medical Errors?
A misdiagnosis and a delayed diagnosis can be caused by almost any mistake made by a medical professional. Whether failing to take their time with a patient or not ordering the proper tests, there is ample room for error if healthcare providers are not cautious.
What Causes Diagnostic Errors?
A diagnostic error can be caused by a variety of mistakes, including:
- Interpreting lab results incorrectly
- Not taking enough time with the patient
- The doctor’s own cognitive biases
- Failing to order tests
- Failing to follow up with the patient
- Understaffed hospitals
- Inexperienced medical staff
- Failing to evaluate patient history
It is crucial to know the signs of a misdiagnosis so you know when to seek additional help.
Why Are Heart Attacks Often Misdiagnosed in Women?
One of the main reasons heart attacks are so frequently misdiagnosed is because medical professionals rely on the “male” standards of a heart attack.
Symptoms of a heart attack show up differently in women, and consequently, many women are incorrectly diagnosed with different or less severe conditions. Oftentimes, women who are experiencing a heart attack are diagnosed with anxiety or heartburn.
Women Are at a Higher Risk
Circulation, a journal by the American Heart Association, published a study that found women are at higher risk for heart failure and heart attacks than men.
The CDC also determined that heart disease is the leading cause of death for women in the United States. However, only a little over half of women (56%) know that heart disease is their most prevalent killer.
Knowing the signs, risk factors, and potential symptoms of a heart attack is helpful to know when to seek treatment.
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Prevalence of Cancer Misdiagnoses
Researchers at Johns Hopkins discovered that 37.8% of diagnostic errors that caused death or serious complications were misdiagnosed cancers. Cancer can be the most fatal disease but also the most missed.
The early stages of most cancers have subtle presenting symptoms, making it harder to recognize. In most cases, once the cancer has progressed, the symptoms will appear but may be attributed to a different condition or illness.
A medical professional may misinterpret test results as non-cancerous or not order the necessary tests in response to the patient’s symptoms. With the increasing presence of cancer in the U.S., it is important to hold our healthcare providers responsible for providing adequate care.
How do I Reduce the Risk of Being Misdiagnosed?
There are several things someone can do to help avoid a misdiagnosis, although they are not always preventable. One of the main ways to prevent the complications of a misdiagnosis or delayed diagnosis is to get multiple opinions.
Healthcare can be expensive, so this may not be accessible to everyone, but it can significantly reduce the risk of being improperly treated.
Provide Accurate and Complete Medical History
You should also provide your doctor with a thorough medical history. Without this background information, such as any previous surgeries, a doctor cannot assess your condition.
This includes your family medical history, previous illnesses, allergies, and medications. Ensure you have provided all the relevant medical information to give your doctor the best chance of making an accurate diagnosis.
Ask Questions
Another helpful way to avoid diagnostic errors is to ask questions. Asking questions will never hurt; if a doctor hesitates to answer questions, you should seek a new healthcare provider.
Clarify any doubts you have about your diagnosis by asking questions about it, such as, “What could have caused this condition?” or “Are there other conditions that closely match my symptoms?”
If tests were done to make a diagnosis, review the results with your doctor and continue to ask questions for clarification. Understanding your condition, what caused it, and how your doctor determined the diagnosis can help prevent diagnostic errors.
Medical Malpractice Claims
You may be able to file a lawsuit against the medical provider or hospital if you were misdiagnosed or diagnosed too late. Misdiagnoses and delayed diagnoses are often considered medical malpractice if the healthcare provider failed to meet the standard of care.
A recent study found that over one-third (34%) of medical malpractice cases are related to diagnostic errors. Medical malpractice cases can be complex, but letting a lawyer guide you through the legal process can allow you to focus on healing.
The Statute of Limitations
According to O.R.C. Section 2305.113, Ohioans have one year to file a medical malpractice lawsuit after the date of the injury. There are several exceptions to this where the statute of limitations is paused including:
- For minors until they turn 18
- For individuals not in the right mind until they regain their mental abilities
- For delayed diagnoses where the victim did not discover the injury until later
Contacting an experienced medical malpractice lawyer can help you determine the time you have to file. The sooner you reach out, the more time your attorney will have to strengthen your case and get you the compensation you deserve.
What do I Need to Prove Medical Malpractice?
To prove medical malpractice, it is vital to first establish that the patient-doctor relationship existed. You must also prove:
- That the healthcare professional acted negligently in failing to diagnose your condition either at all or in a timely manner
- That this failure to act caused harm to the patient
- That a competent doctor in the same specialty would not have made this mistake for a similar patient or condition
An attorney can review what happened, answer any questions you have, consult the necessary medical experts, and begin to build your case. A dedicated lawyer will fight to compensate all your financial, emotional, or other losses.
What Can I Recover in an Ohio Medical Malpractice Case?
We understand that monetary compensation cannot heal injuries. However, it can attempt to mend the situation. You can recover three types of damages in a medical malpractice case: Economic, Non-economic, and Punitive.
Economic Damages
Economic damages are a part of the compensatory recovery, intended to help mend the physical or psychological injuries one suffers from. Ohio currently does not cap the value of economic damages one can receive. Economic damages can be recovered for things like:
- Medical expenses (Past and future, including any necessary medications, therapy, medical devices, and hospital bills)
- Lost wages caused by the injury or injuries
- Home repairs that are necessary to accommodate the injury
Non-Economic Damages
Non-economic damages are harder to measure but can be a crucial part of one’s compensatory recovery. These damages can be recovered for:
- Pain and suffering
- Disfigurement
- Loss of enjoyment/quality of life
- Emotional distress/mental anguish
Limits on Damages
Ohio limits what someone can recover for non-economic damages to $250,000 or three times the economic damages, whichever is greater. The maximum limits of these damages are $350,000 per plaintiff and $500,000 per incident, according to O.R.C 2323.43. There are several aspects of a medical malpractice case that may influence this cap including:
- Permanent psychological injuries
- Permanent/substantial physical deformity
- Child victims
- Wrongful death claims
Catastrophic and Permanent Injuries
If your injury is considered catastrophic or permanent, the non-economic damage cap is extended to $500,000 per plaintiff or $1 million per case. According to O.R.C. 2323.43, injuries that may be considered catastrophic or permanent include:
- Loss of limb or use of a limb
- Loss of organ system or use of an organ system
- Permanent physical deformity
- Injury that permanently affects the ability to care for oneself
If you sustained physical or psychological harm due to a diagnostic error, consulting with a medical malpractice lawyer will help you determine what recoveries are applicable to your case. You may qualify for one of these exceptions and have a greater chance of recovering more.
Punitive Damages
Punitive damages are rarely recovered in a medical malpractice case, but it is possible. These damages may be recoverable if the healthcare provider intentionally harmed the patient or acted beyond standard negligence.
According to O.R.C. 2315.21 the defendant must “demonstrate malice or aggravated egregious fraud” to claim punitive damages.
Contact a Columbus Medical Malpractice Attorney Today & Start Healing
The Fitch Law Firm has more than 30 years of experience fighting for victims of misdiagnosed and mistreated conditions. We understand that the last thing you want to do in this challenging time is go up against health professionals or entire hospitals.
You don’t have to do it alone. Our team of compassionate attorneys will help you every step of the way and will continue to help in any way that we can, even after the case has been settled.
Reach out today to schedule a free, no-risk consultation. We can help you and your family 24/7 and travel to you if necessary.
Fill out our form or call us at (614) 412-8930 to let us start evaluating your case and how we can help.