Smith, Meier & Webb, LPA

Failure to diagnose could lead to med mal lawsuit

Dealing with health issues is often scary. When it comes to these matters most people want the best possible treatment. When something happens to compromise the level of treatment provided, the results can be devastating. When a patient experiences medical care that constitutes medical malpractice, he or she may be able to secure financial compensation for the injury suffered.

There are multiple ways in which the care a patient in the state of Ohio might not be to the level expected. A medical misdiagnosis that results in a condition worsening is one of those ways. Other incidents that could lead to a medical malpractice lawsuit being field include the failure to treat or providing the wrong treatment.

The failure to treat may arise in situations where a physician either misses symptoms or dismisses them as being something other than they actually are. The wrong treatment may follow a misdiagnosis. It could also entail providing a treatment that hurts rather than helps a patient after the correct diagnosis is provided.

To have a viable case the patient must have suffered an injury as a result of the treatment. In addition, the care provided that led to the injury must have been at a lower level than other doctors in similar situations would have provided. Because this is a subjective standard, success on a medical malpractice claim is not guaranteed. In fact, the complexity that accompanies most medical malpractice claims requires working with someone who comprehends the factor that must be there for a case to be successful. That person is generally a medical malpractice lawyer.

Source: FindLaw, “Failed/Erroneous Diagnosis and Treatment,” Accessed Oct. 16, 2014

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