Everyone who goes to their primary care physician or a hospital with a medical problem should be able to trust that the professionals who examine them will give an accurate diagnosis based on their extensive experience and education. In reality, though, far too many physicians fail to correctly identify serious medical issues, leading to traumatic and avoidable harm.
Filing a lawsuit over a doctor’s failure to figure out what is wrong with you can be a complicated process, making help from a seasoned malpractice attorney throughout a claim vital to boosting your chances of success. If you have questions regarding your rights or possible recovery options, a conversation with a Chardon failure to diagnose lawyer could give you the information you need.
Not every instance of a doctor misidentifying a patient’s condition or not diagnosing it at all can serve as valid grounds for civil litigation. Importantly, there must be a breach of a standard of care, meaning a physician must have done something careless that no other physician with the same expertise and experience would have done under similar or identical circumstances.
Furthermore, the specific losses an individual seeks compensation for in this sort of claim must stem directly from a physician’s failure to diagnose. A plaintiff must show his or her harm would never have happened if the defendant had not been negligent in the specific ways noted in the lawsuit. A Chardon attorney’s assistance can be vital to building a comprehensive failure to diagnose claim that covers all the requirements.
Notably, Ohio Revised Code §2323.43 generally caps total recovery for non-economic harm at the greater of $250,000 or three times the value of objective economic damages, up to a maximum of $350,000 per plaintiff or $500,000.00 total per case. If a failure to diagnose results in permanent and debilitating harm, a court may raise the caps to $500,000 per plaintiff or $1,000,000 per case.
Additionally, the Ohio Rules of Civil Procedure require prospective plaintiffs to include an Affidavit of Merit with their initial complaints. This affidavit is a written and signed statement from a qualified medical professional that, based on his or her review of all available evidence, a legally actionable violation of the standard of care occurred and directly led to the injuries.
Finally, Ohio Revised Code §2305.113 sets two important time limits for the filing of a lawsuit. A claim must be filed within one year after the discovery of harm caused by negligence or the end of the doctor-patient relationship. However, no claim may be filed more than four years after the harm occurred or the doctor-patient relationship ended. The rules are complex and a practiced lawyer can provide more specific details about how these and other procedural rules might impact a particular failure to diagnose claim in Chardon.
A doctor’s failure to promptly and accurately diagnose a patient’s condition can lead to unnecessary harm. A doctor’s negligence could be the basis for substantial civil recovery. Support from a seasoned Chardon failure to diagnose lawyer can make a difference in your chance of securing a favorable case result. Learn more by calling today.