Legal Question in Medical Malpractice in Ohio

Not notified of test results....do I have a malpractice case?

I went in for a yearly pap smear in July of 2005. I was told that the office only notifies you if your test is abnormal, so no news is good news. In November of 2005 I received a letter stating that my pap smear was abnormal and I needed to have a biopsy to determine if I had pre-cancerous cells. I had a biopsy done with a different doctor and the abnormal cells are now so far up in my cervix that I have to have surgery done (normally abnormal cells are on the surface and can just be scraped off). The surgery and the presence of the abnormal cells could hurt my ability to have children in the future. If I had been notified of my abnormal test in a timely manner, I most likely would not have to have surgery. I feel it is negligent of the doctor's office to take four months to notify me of an abnormal test. I was told that they fired the person who was supposed to send out the letters for abnormal tests, and that was the only explanation I was given. Do I have a case for medical malpractice?


Asked on 12/30/05, 7:19 pm

2 Answers from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Not notified of test results....do I have a malpractice case?

Sounds like you sure do have a case. Did you get the name of the person who was fired? You probably need to act legally immediately, so as to secure that person and others who are in that office. Call me anytime and ASAP. We'll get some more answers and get this going.

Joe Jacobs

216.952.1990 mobile

216.227.0900 office

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Answered on 12/30/05, 10:55 pm
Robert Guehl Guehl Law Offices

Re: Not notified of test results....do I have a malpractice case?

Delay in diagnosis and notification of a serious medical condition certainly amounts to malpractice. In your situation, it appears there are potentially serious consequences because of the delay, which may may the case worth pursuing. You should be aware that medical malpractice cases are both difficult and expensive, and can only be economically pursued when there are serious injuries.

My background and training is in Forensic Medicine. If you would like to have your case reviewed, please call.

In the meantime, best of luck for successful medical treatment of the condition.

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Answered on 12/31/05, 11:24 am


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