If you have questions about filing a medical malpractice claim for failure to diagnose or wrong diagnosis, medical malpractice lawyer Chris Mellino welcomes you to contact our Cleveland office for a free consultation. We’ll be happy to address any concerns, including whether you still have time to file a claim under Ohio law, discuss verdicts and settlements we’ve obtained in similar cases, and explain what to expect if your case goes to trial.
Examples of Wrong Diagnosis Claims Christopher Mellino Has Handled
As the Cleveland Plain Dealer reported July 28, 1995, Chris and his former partner settled a wrongful death claim for $2.4 million after a 54-year-old woman’s doctor failed to diagnose leukemia. She died of a blood infection five days after hemorrhoid surgery.
A Cuyahoga County jury awarded another 54-year-old client $4.1 million “because her doctor misread [uterine cancer] symptoms,” the Plain Dealer stated October 15, 1999. In that case, the doctor blamed the pathologists, even though one recommended further evaluation, and the pathologists blamed the doctor for providing pen tip-sized tissue samples. This is why it’s always a good idea to hire a medical malpractice attorney who can determine who’s at fault for the misdiagnosis. If you file a claim on your own and sue the wrong person, you could lose your case. As a tactical maneuver in this instance, Chris and his former partner filed a claim against the doctor’s employer “because a faceless corporation makes a less sympathetic defendant than a lone doctor,” Chris told reporters.
For more recent examples of claims we’ve handled, please contact us.
Wrong Diagnosis Dangers and Statistics
In 2004, a Health Grades study revealed that failure to treat a patient’s condition was the most common patient safety incident. Years earlier, in 1997, the National Patient Safety Foundation conducted its own study, which revealed that failure to treat a patient’s condition accounted for 40 percent of the 42 percent of participants who’d reported a medical mistake. A recent BMJ Quality & Safety study estimated that doctors misdiagnose cancer 28 percent of the time.
Many illnesses and diseases, such as heart disease (pdf) and breast cancer (pdf), can be detected early. Proper treatment can save or extend a person’s life. As Bloomberg writer Virginia Postrel noted on August 18, 2013, “New drugs, not early detection, account for at least two-thirds of the reduction in breast cancer mortality.”
When symptoms are overlooked or dismissed as something else, however, the consequences can be devastating. For instance, a woman whose breast cancer is detected at stage 0 has a 93 percent five-year survival rate, according to the American Cancer Society. If a malignant lump goes undetected, that percentage begins to drop. The difference between diagnosis at stage I and diagnosis at stage IV amounts to a 73 percent decrease.
Although nearly 250,000 breast cancer cases are diagnosed each year (230,480 cases in 2011, per breastcancer.org), doctors still misdiagnose the disease, which leads to delayed treatment, prolonged suffering, and, in some cases, death.
Can I File a Failure to Diagnose or Wrong Diagnosis Claim?
Patients may sue for medical malpractice when, for example, a physician misinterprets radiology, mammography, or biopsy results; fails to recognize symptoms or confuses cancer symptoms with those of another condition, injury, or illness; or neglects to perform necessary tests, such as when a doctor opts not to order a biopsy on a palpable mass despite receiving a negative mammogram result.
If your treatment was delayed in a way that negatively and quantifiably impacted your prognosis, download attorney Chris Mellino’s free guide on how to file a medical malpractice claim in Ohio. Or contact our Cleveland office for a free consultation.
In the last thirty years, Chris and Tom have helped northeast Ohioans who’ve been harmed by the following misdiagnoses:
- colorectal cancer (pdf);
- endometrial cancer (pdf);
- melanoma or squamous skin cell cancer (pdf);
- leukemia (pdf);
- failure to recognize blood infections;
- heart attack (pdf);
- meningitis (pdf);
- kidney failure (pdf);
- pneumonia confused with bronchitis (pdf) or other ailments;
- gangrene in diabetics.
Why You Should Call Chris Mellino Before Speaking with Another Misdiagnosis Lawyer in Cleveland
First, Chris Mellino is respected for his ability to dig below the surface to make sure nothing is overlooked. In fact, Chris has been involved in several landmark cases. Our firm’s success results from a dedication to our clients and a commitment to protecting the rights of those who’ve been injured by others’ negligence. Our client testimonials are a testament to this commitment.
We combine specialized medical knowledge, exceptional trial skills, and superior negotiating talent to obtain full and fair compensation for clients and to hold wrongdoers accountable for their actions. In the last three decades, we have established a network of resources to help analyze cases and make sure our clients get full compensation for their injuries. We also wrote the book on medical malpractice. Download or request your free copy before Ohio’s statute of limitations runs out on your potential claim.
Second, we are the only firm in the state to be accepted into Primerus, which screens potential members by speaking to judges, other lawyers, bar associations, clients, and insurance carriers about a firm’s integrity, work product, fee structure, education, civility, and community service.
Last but not least, by limiting the number of cases we accept, Mellino Law Firm is able to give wrong diagnosis claims the attention they deserve to make sure nothing else goes overlooked. When you us, you’ll speak to an attorney, not a case manager. Contact our Cleveland office today for a free consultation or call 440-333-3800.