FAILURE TO DIAGNOSE


Cincinnati Medical Malpractice Lawyer and Ohio Hospital Negligence Attorney Represents Injured Plaintiffs Nationwide
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Patients rely on hospital staff and doctors to make a prompt and accurate diagnosis of medical conditions and order the appropriate treatment. When medical professionals fail to treat patients quickly and properly, injuries and illnesses are likely to advance and worsen, and a Medical Negligence can be filed on behalf of an injured plaintiff.

Physicians and hospital staff should treat serious medical conditions in a prompt manner to give patients the best chance of a minimal adverse health consequences and survival.

Failure to diagnose lawsuits are possible when hospital staff, nurses, doctors and surgeons fail to accurately diagnose a patient or delay diagnostic lab tests that complicate a health condition and results in injury or wrongful death.

Joe Lyon is a highly-rated Cincinnati, Ohio Hospital Error Lawyer and Medical Malpractice Attorney investigating failure to diagnose lawsuits for injured plaintiffs nationwide.


Failure to Diagnose Lawsuits


It is crucial to correctly diagnose conditions quickly so a medical team can begin the proper treatment as soon as possible. Delay in Diagnosis and failing to diagnose may lead to health complications, the progression of a serious condition, permanent injury and death.

Doctors and nurses are not perfect, and have known to misdiagnose patients which leads to improper treatment and the worsening of the underlying condition.

Radiologists, lab techs, pharmacists, nurses and doctors have all been named as defendants in hospital negligence and medical malpractice suits for misinterpreting tests and x–rays, or failing to perform correct diagnostic tests.


Medical Misdiagnosis Lawsuits


Delayed Medical Treatments


Medical treatments can be life-savers, but if a condition isn’t diagnosed, the treatments are delayed and may not be as effective. Hospital negligence plays a huge role in the overall well-being of patients. If hospitals function efficiently and are organized, the medical teams have a better chance to treat patients to the best of their ability.

Delayed diagnoses and failure to treat claims may include the following:

Delayed Cancer Diagnosis

A delayed cancer diagnosis, or a failure to diagnose cancer before the cancer spreads is a fairly common occurrence that can threaten the life o a patient. A timely cancer diagnosis is crucial for the survival of a cancer patient.

When a hospital team fails to diagnose cancer, the patient risks the metastasizing of cancer cells, and delays cancer treatment. Such instances will likely lead to complications. Contact a legal professional to investigate a failure to diagnose cancer to weigh your legal options.


Failure to Diagnose Birth Injury

Birth injuries may not only affect and infect but also the mother. Delivery malpractice lawsuits focus on a hospital’s failure to prevent and diagnose maternal injuries during or after childbirth.

Childbirth injuries can be serious and life-threatening for the mother and child, and birth injury may not present until weeks after delivery.

If a birth injury occurs and doctors fail to follow up with a patient, legal action may be necessary to recover rightful compensation and to protect mothers into the future.


Emergency Room Delay Lawsuits

Hospitals have a tough task in admitting patients in the emergency room, but that is their duty. If a delayed emergency treatment leads to an injury or wrongful death, a plaintiffs may have a delayed treatment case.


Delayed Hospital Treatment


Doctors and medical staff treating serious medical conditions have a duty to act in a prompt manner to give each patient the best chance of a minimal health impact and survival.

Delayed diagnosis lawsuits arise when hospital staff, doctors and surgeons fail to either correctly diagnose a patient or delay diagnostic tests that results in complications, injury or death.

Any delay in medical treatment can be crucial for patients with a variety of health issues. A medical misdiagnosis can result in permanent injury or patient death. Because of the mismanagement of hospitals and medical centers, and the negligence of some medical staff, delayed diagnoses and delayed treatments are becoming more common medical malpractice events.

Injured plaintiffs should contact an experienced medical malpractice attorney to investigate the root cause of an injury and review medical records and to determine who may be held legally liable.

Hospital negligence cases require evidence that a nurse, doctor or hospital management failed to provide the standard of medical care by misdiagnosing or failing to diagnose a patient’s condition quickly and accurately.

Plaintiffs in failure to diagnose lawsuits can seek the recovery of medical costs, lost wages and earnings, rehabilitation expenses, and damages related to pain and suffering and long-term disability.


Delayed Treatment Lawsuits


Medical professionals and hospitals are held responsible in cases where patients are misdiagnosed or are diagnosed but not attended to in a prompt manner.

If doctors have tools at their disposal—MRIs, CT scans, blood tests, EKGs—but fail to use them to make a proper diagnosis, they can be held accountable by plaintiffs filing delayed diagnosis lawsuits.

Plaintiffs will benefit greatly from contacting an experienced medical malpractice attorney to investigate and review medical records and to determine who may be culpable in an injury or death.

Hospital negligence claims will require evidence that a medical professional or hospital breached the standard of medical care by misdiagnosing or failing to diagnose a patient’s condition before complications or death.

Plaintiffs in delayed diagnosis lawsuits can expect to recover past and future medical costs, lost wages and income, rehabilitation expenses, and damages related to pain and suffering and emotional distress.


Diagnosis Errors


For many patients, it is critical to correctly diagnose medical conditions quickly and begin the correct treatment as early as possible. Delaying diagnoses may lead to complications, the progression of a condition, permanent injury or death. Some medical delays and treatment errors begin with doctors who are hesitant to order a myriad of diagnostic tests and lab work.

Doctors and nurse practitioners are also known to misdiagnose patients which ultimately is another way of delayed a proper diagnosis. Radiologists, lab technicians, nurses and doctors may misinterpret tests or x–rays, or fail to perform the correct tests in the first place. Laboratory malpractice is not common, but still occurs from time to time, and with devastating consequences.

A failure to diagnose cancer and other serious medical conditions may be a matter of life and death. If a doctor doesn’t recognize an infection, and it is not treated, a patient’s condition can worsen considerably and may succumb to the infection, which can quickly turn into sepsis or another fatal condition.

A delayed cancer diagnosis may lead to the development of tumors throughout the body. Cancer diagnoses are very time sensitive, and treatment must begin soon after discovery for the best possible prognosis. Failure to diagnose breast cancer in routine exams can lead to malpractice lawsuits.

Some doctors will fail to perform tests because a condition looks very similar to another less severe medical condition. Doctors fail to diagnose lung cancer and other respiratory conditions typically because they present like many other conditions.

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A Voice for Those who have suffered 

Why are these cases important?

 When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care. 

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Questions about Medical Malpractice

What is a Medical Malpractice Lawsuit?

Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.

Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.

Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.

Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parties of the country such as Hamilton County, Ohio.

What is a “Never Event” in Hospital Care ?

The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.

Conditions that meet the three requirements for identification:

What if a hospital makes me an offer directly?

Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.

We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced Cincinnati medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.

The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.

Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.

If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.

There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.

The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.

If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.

Why hire the Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence cases.  The cases have involved successfully litigating against some of  the largest companies in the world

Your Right to Safe healthcare

Watch our Video About the Legal Process

A recently published study titled, A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care, estimated that 210,000 hospital patients die each year from medical mistakes that could have been prevented.

This places medical malpractice as the third leading cause of death in the United States after heart disease and cancer. Further, the Office of The Inspector General estimated 180,000 deaths per year are due to medical mistakes. And a Study from Journal of Patient Safety estimated that the number of preventable deaths is between 210,000 and 440,000.

Incredibly, the Wrong Site Surgery Project Study found that national incidence of wrong site surgeries, which includes wrong patient, wrong procedure, wrong site and wrong side surgeries, may be as high as 40 per week. 

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law. 

FAILURE TO DIAGNOSE BOWEL OBSTRUCTION

WRONGFUL DEATH

(Cincinnati, Ohio):  Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley.  The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.

FAILURE TO DIAGNOSE BREAST CANCER

$910,000 Settlement.

(Cincinnati, Ohio):   Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged  future accountability.

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