Legal Question in Medical Malpractice in Ohio
Delay in diagnosis ?
My wife had an MRI of the brain (that was ordered by her doctor) on Dec.17,1999. The MRI was ordered as she has had a previous stroke and she gave the
doctor a rundown of her symptoms; such as migranes, dizziness, feeling spaced out and a constant twitching in her left foot. After several calls to
the doctor's office to get the results, which they had not gotten yet, the doctor's office finally called the hospital to fax the results to them. On
the 2nd call from the doctor the hospital finally faxed the results of the MRI to the doctor. The date we finally got the results was April 29, 2000. The results showed an abnormality and a mass / lesion. A second MRI has been ordered using the dye for better results. My question is; since the hospital took nearly 5 months to send the results and there is an obvious abnormality or problem, can I take them to court as this could have been getting treatment had they sent the results in a week or two as is the normal timeframe? The 2nd MRI will be Monday the 8th of May. We live in Ohio if that has a bearing on the matter. Please advise to whether there is a
lawsuit here or not. It seems to me that would be a delay in diagnosis.
TIA,
--name removed--
1 Answer from Attorneys
Re: Delay in diagnosis ?
The question of whether or not you should file a lawsuit depends on a number of factors. In medical malpractice actions, an attorny ususally collects the records of the patient and has them reviewed by an expert physician. That expert physician will give an opinion as to whether or not the delay in reporting the results was negligent or fell below the standard of care of good medical practice. Another question to be answered is what are the damages caused by the delay in reporting the results. Medical malpractice actions are costly to bring to court because physician experts must be hired and treating physicians must testify. These physicians are paid for their time in testifying and reviewing records. In order for you to determine whether to pursue this matter any further, you must determine what the damages are as a result of the delay (i.e. Is there a change in size? What treatments would have been given earlier? What effect would those treatments have had?) Also, please be aware that the statute of limitations for a medical malpractice action is one year from the later of the date of injury, the discovery of the negligence, or the end of the physician/patient relationship. In this case, the safest date to use at this time is December 17, 1999. If there are additional questions, please let me know. Your best option in medical malpractice actions is to go to see an attorney for a consultation and give the attorney all the details. The information I am providing is only general in nature and may not be applicable to your particular situation.