What to Do When a Misdiagnosis or Late Diagnosis Leads to a Personal Injury Claim

Medical malpractice claims related to misdiagnosis or delayed diagnosis are significant across the country, and particularly in Ohio. According to the Ohio Department of Insurance, such claims constitute approximately 30% of all medical malpractice cases in the state.

Misdiagnosis can lead to delayed treatment, unnecessary procedures, and worsened health conditions, which can potentially cause serious complications, even death. As an example, a meaningful portion of Ohio’s misdiagnosis claims in Ohio involve cancer cases, and a delayed diagnosis can have a crucial impact on treatment outcomes.

If a misdiagnosis or late diagnosis has led to harm, you may have grounds for a personal injury claim based on medical malpractice. Here are several steps you can take:

Seek Medical Attention

If you suspect a misdiagnosis or late diagnosis, get a second opinion immediately to prevent further harm.

Document all treatments, symptoms, and medical history. These documents can play a crucial part in any personal injury claims.

Gather Evidence

Obtain copies of all medical records, test results, prescriptions, and doctor’s notes. It all helps to keep a journal detailing your symptoms, pain levels, and how the misdiagnosis or late diagnosis affected your daily life.

Collect witness statements from family, caregivers, or any others who observed your condition, particularly your quality of life.

Establish Negligence

To succeed in a personal injury claim, you must prove:

• A doctor-patient relationship existed
• The doctor acted negligently (for example, misreading test results, failing to follow standard care).
• The misdiagnosis or delay directly caused harm.
• You suffered damages—medical costs, lost wages, pain and suffering, etc. 

Consult an Experienced Medical Malpractice Attorney

A lawyer specializing in medical malpractice, with the necessary experience, staff and resources, can assess your case and advise on your legal options. They can help determine if negligence occurred, such as failure to order tests, misinterpretation of results, or failure to refer to a specialist.

File a Medical Malpractice Claim

Your attorney will likely start with a demand letter to the healthcare provider or their insurer.

Many cases settle out of court, but If negotiations fail, a lawsuit may be filed. Your lawyer will guide you on the best course of action.

Key Considerations

• Statute of Limitations—Each state has a deadline for filing medical malpractice claims. In Ohio the statute of limitation is relatively short, just one year from the date of injury.
• Damage Caps—Some states limit the amount of compensation you can recover. In Ohio, the cap for non-economic damages in medical malpractice claims—pain and suffering, mental anguish, loss of enjoyment of life—is $350,000 per plaintiff, or three times the economic damages, whichever is greater. Economic damages are verifiable medical bills, lost income, related financial harms, etc. If the injury is catastrophic, there is no damage cap.
• Expert Testimony—Courts often require testimony from a medical expert to prove malpractice.

If you or a loved one are involved in a personal injury due to medical malpractice from a misdiagnosis or late diagnosis, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.