Copyright © 2023 O'Connor, Acciani and Levy. All rights reserved.
Timing is an essential element to effective health care. Many medical conditions can become much more serious and present with far more difficult symptoms if a delay in treatment occurs.
Sadly, a common reason for this delay in treatment is when a doctor or dentist fails to diagnose a condition in a timely manner. These failures may rise to the level of medical malpractice if established experts indicate that a diagnosis was possible at an earlier time. In these situations, the medical provider who did not provide the timely diagnosis is liable for all resulting damages.
If you have been injured due to the negligence of a medical professional, our Columbus delayed diagnosis lawyers will help you pursue compensation. Our talented injury attorneys will work with individuals to explain the duties of medical providers to provide timely diagnoses and to locate qualified experts who can testify to this effect in and out of court. Call today to get started on recovering your damages.
The laws in Columbus place a duty on medical providers to provide prompt and effective care to every patient. The first step in this process usually involves making a timely diagnosis. Many medical conditions are time-sensitive. This means that every day that passes without a diagnosis and subsequent treatment means that the condition worsens and the patient’s chance for recovery decreases.
This is most often seen in cases involving cancer. As a general rule, the faster that an oncologist can pinpoint the location and form of the tumor, the better the opportunity for a patient to make their best recovery. On the other hand, a delay in diagnosis and treatment can necessitate harsher treatments that have a lower chance for success. Our delayed diagnosis attorneys will provide more information about the legal need to quickly identify a condition in Columbus, and how a failure to do so can lead to serious losses.
There is no set timing schedule for an effective diagnosis. Just as every patient is unique, the method for providing a timely diagnosis will also change. However, the provider must act as a reasonably competent peer would have done under the circumstances. Whether a delayed diagnosis meets this standard is the crux of medical malpractice claims.
To prevail in these cases, an injured plaintiff must work with a qualified medical expert. This expert will review the records in the case and provide their opinion as to why a delayed diagnosis qualifies as medical malpractice.
This testimony is not just necessary at trial; it is also a requirement to even file a claim for damages. According to Ohio Rule of Civil Procedure §10(D)(2), the initial complaint that a plaintiff files for damages must include an expert’s affidavit which states, in the expert’s opinion, that a delay in diagnosis caused the plaintiff’s injuries and that this delay constituted medical malpractice. Speak with one of our delayed diagnosis attorneys for help with locating, hiring, and working with these necessary expert witnesses in Columbus.
One of the most common examples of medical malpractice is a claim alleging an injury or worsening of a condition due to a delayed diagnosis. Here, a competent medical provider may have recognized the presence of a problem and recommended appropriate care to limit the damage. Instead, under these circumstances, the defendant’s failure to recognize a condition led to that condition becoming worse.
Our Columbus delayed diagnosis lawyers will help you to pursue your case. We will work with you to explain the concept of medical malpractice and why a delayed diagnosis falls under this definition. We can also help to hire expert witnesses who can make the connection between a failure to diagnose and your losses. Contact our attorneys today to let them get to work for you.