Legal Question in Medical Malpractice in Ohio
Missed diagnosis
My mother was diagnosed yesterday with cirrhosis of the liver caused by hepatitis C. She has been very ill lately, due to the fact the cirrhosis is progressed. ( a biopsy is pending to determin how far progressed) The doctor determined she became infected with the hepatitis C virus in 1969 when she had a blood transfusion during my birth. ( This is the only possible time for transmission) My mother had surgery performed on her knee approx. 14 years ago as well as Nov. of 2001. She was also hospitalized for a week with pneumonia approx. 5 years ago. My question is, during one of these medical events should a blood test have been performed that would have diagnosed the hepatitis C? A simple liver function bloodtest would have found it. Shouldn't such a test be ran pre- op? I believe the hospital(s) involved in the surgeries, as well as the stay for pneumonia, missed diagnosing this condition. My mother is now ill from the cirrhosis. Had she been diagnosed years ago, the hepatitis could have been treated and delayed or prevented any liver damage.
2 Answers from Attorneys
Re: Missed diagnosis
In order to determine whether the medical providers should have diagnosed your mother's condition earlier, you would need to have a physician look at your mother's medical records. Your message does not contain enough factual information to make a determination. For example, did you mother have a family physician? Did she have periodic bloodwork done which showed abnormal liver function test values? Medical malpractice cases must be reviewed by a physician before filing a lawsuit. Any further questions, please contact me.
Re: Missed diagnosis
There are additional fact that need to be determined in your mothers case. Her complete medical history needs to be reviewed to determine at what time and under what circumstances was a blood test needed and done and/or NOT done.
There may be a situation where a number of Doctors may be liable because they failed to perform a simple blood test and/or did it but missed the hepatitis.
As a side note, the law has recently chenged regarding medical malpractice claims. You currently have one year from the DATE OF DISCOVERY of the malpractice to file a claim.
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