Every person who visits a dentist, doctor, hospital, or other medical professional has the right to expect competent care. Sadly, errors in the medical field are common. If such a failure involves an inability to diagnose a physical or mental condition, the results can be catastrophic.
Proper diagnostics are an essential part of competent care. Medical providers should know how to ask the right questions, order the correct tests, and properly interpret the results of those tests. A provider who does not take these steps may have committed medical malpractice and be liable to provide compensation to injured patients and their families.
If your medical condition or injury was worsened due to a doctor's inability to provide a proper diagnosis, get in touch with our Columbus failure to diagnose lawyers today. Our attorneys will fight to gather evidence of any apparent malpractice, work with an expert to interpret that evidence, and help to measure the damages in the claim to pursue the case for all appropriate payments.
The Role of Medical Experts in Failure to Diagnose Cases
Cases that allege medical malpractice for any reason can only progress if a qualified medical expert states their opinion that an incident involving malpractice has occurred. Under the Ohio Rule of Civil Procedure §10(D)(2), a plaintiff cannot even start a case in court unless an expert has examined the facts or the case and swears to the court that malpractice may have occurred.
However, not just any medical professional can serve as an expert in these claims. According to Ohio Revised Code §2743.43, an expert must:
- Possess a license to practice medicine, osteopathic medicine, or podiatric medicine in any state
- Spend three-fourths of their professional time in active practice or teaching at an accredited university
- Practice their craft in the same specialty as the defendant
- When the expert is a specialist, have certification from the American board of medical specialties
The General Standard of Care for all Medical Providers
The proper practice of medicine and dentistry requires professional conduct both in and out of the office. This includes remaining up to date with all advances in technology and changes in treatments. As a general rule, every practitioner must act as a reasonably skilled peer would for every patient, given the circumstances.
In cases alleging a failure to diagnose, the main question becomes whether a defendant provider did not take appropriate steps in the specific case. For example, if a patient arrives in their family doctor’s office complaining of tingling in their feet, it may be prudent for the doctor to order tests for nerve functionality as well as for circulatory issues. If a doctor fails to take these steps, they may commit malpractice. Our failure to diagnose attorneys in Columbus can help to obtain evidence of a defendant’s actions to build a malpractice case that centers around an inability to diagnose a medical condition.
Contact a Columbus Failure to Diagnose Lawyer Today
Obtaining a prompt and accurate diagnosis is the right of every patient in Columbus. In fact, medical providers such as doctors, dentists, and nurses have an obligation under the law to provide these diagnoses. A failure to do so can leave those practitioners liable for all resulting damage.
Our Columbus medical malpractice lawyers can help you to pursue the legal claims that demand these payments. An inability to provide a diagnosis can lead to a worsening of a condition, the outbreak of new symptoms, and even death. Claims for damages can include economic compensation as well as payment for lost quality of life. Schedule a consultation today to immediately to discuss your case.
