Legal Question in Medical Malpractice in Ohio
Do my mother have a malpractice claim?
My mother was having back pains in nov 200. she went to a orthopedic and he put her on therapy. As she continued her back got worse to the point where she couldnt walk. she was in the er 4 times because it was so bad. Her doctor told her this was normal (he thought it was sciatica) and said no tests were needed. For about 1 month in jan she was confined to a couch and finally we took her to er for last time her doctor sent her home and referred her to a back doctor, he said he referred her because she was a non surgical patient when he did no tests to prove that. When she went to her new doctor he ordered mri and it showed that she had cancerous tumors on her spine that was causing pain. My mom had breast cancer that had spread down to spine. Dont you think if he would of ordered mri earlier it could have been found and started the process earlier, my mom suffered for 4 months because he wouldnt order a mri. Everytime i talk to someone thaey say well the doctors defense is that it would of happened eventually, but how can he get away with that when all he had to do was a mri which is standard with back pain. Hope you vcan help
Geoff
1 Answer from Attorneys
Re: Do my mother have a malpractice claim?
Initially, you must obtain your mother's medical records and MRI films and have them reviewed by a physician competent to render an opinion as to the difference in outcome had the tumors been diagnosed earlier. If there is a difference in outcome as found by an expert, there is a potential recovery under Ohio Law for a loss of chance of survival and/or for suffering an increased risk of harm. The expert must determine the difference, if any. If you have more questions, please contact me at 614-464-4644. I am sorry that this happened to your mother.
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