If a doctor failed to follow up on sound evidence, such as your medical history, or physical evidence, such as a biopsy, and delayed treatment caused you serious harm, then you may be able to file a medical malpractice lawsuit. First, you may wish to seek a second opinion from another clinician or practitioner. In some cases, it could take weeks, months, or even years to discover that you were misdiagnosed.
To help prove your case, a medical malpractice lawyer will hire an expert witness — typically a physician who practices the same line of medicine as the doctor in question — to investigate your claim. He or she will determine whether your doctor violated the standard of care governing that field. The standard of care is based on what the average doctor would do if he or she had been faced with the same circumstances. Specialists are expected to deliver a higher standard of care.
If the expert witness concludes that your doctor deviated from the accepted standard of good medical practice, you have the right to file a medical malpractice claim. The amount you may be awarded varies, depending on the extent of your injury, the related economic losses, and non-economic damages.
If you suspect misdiagnosis or a failure to diagnose caused your current condition, attorney Chris Mellino welcomes you to contact our Cleveland office for a free consultation. You may also download or request Chris’ free, easy-to-read guide to filing a claim in Ohio.