Legal Question in Medical Malpractice in Ohio

my son was seeing a doctor about his feet and i was told that he was just flat foot. He kept crying afterwards about his feet so i took him again about it. kept being told it was his flat feet and he grow out of it. The doctor never ordered x rays. He asked for me to use insoles in his shoes but still cried. I was ignored. i took him to orthopedic and found out that it. was bone deformity that he was born with because he took x rays . I want to know do i have a case?


Asked on 7/08/10, 9:00 am

1 Answer from Attorneys
Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

There may be negligence in the delay in diagnosis however the unclear issue is whether it made a difference. This is called the causation issue. If the bone deformity is something that can't be repaired or is repairable by surgery and the misdiagnosis of flat foot has not made it any worse then there is no case. If the diagnosis should have been made by taking x-rays and a different course of treatment would have been indicated with a different outcome then you might have a case. Hard to give you more information or more of an opinion without more information.

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Answered on 7/08/10, 12:11 pm


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