Is a Misdiagnosis Medical Malpractice?

May 20, 2015

For many people, the phrase “medical malpractice” calls to mind images of operations gone wrong or patients receiving an incorrect prescription.  While these instances of medical negligence certainly fit the definition of medical malpractice, they are not the only types of errors that cause patients serious injury and wrongful death.  Misdiagnosis and failure to diagnose are among the most common and the most dangerous instances of medical malpractice.

A Misdiagnosis May Be Medical Malpractice

Every patient who seeks medical attention has the right to receive appropriate treatment from start to finish.  This means that when a patient first seeks medical attention she is owed the same duty by the treating physician or medical professional as she would be owed later in the course of treatment.  This is known as the standard of care.  Under Ohio law, a medical professional must act treat patients according to the generally accepted practices and procedures that the other medical professionals in the area would follow given the particulars of the patient’s condition.

If a medical professional misdiagnoses your condition, and that misdiagnosis occurred because the medical professional did not do what was necessary to meet the standard of care, then he may be liable for medical malpractice.

A Failure to Diagnoses Also May Be Medical Malpractice

Whereas a misdiagnosis occurs when a medical professional  mistakes presentation and symptoms of one condition for another, a failure to diagnose occurs when a medical professional overlooks signs of a disease or condition altogether.  As with cases of misdiagnosis, failures to diagnose may be medical malpractice if the physician or professional’s failure to diagnose occurred because he did not do what he was supposed to do to meet the standard of care.

Victims of Misdiagnosis and Failure to Diagnose Need an Experienced Ohio Medical Malpractice Attorney

Misdiagnoses and failures to diagnose can result in painful and tragic consequences.  Delays in treatment often result in serious treatment complications and may even result in death.  If you or a loved one were injured as the result of a misdiagnosis, failure to diagnose, or other medical malpractice, contact an Ohio medical malpractice attorney at Lowe Scott Fisher Co., LPA for a free consultation today.

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