Charles E. Boyk Law Offices, LLC
Before initiating a Toledo medical misdiagnosis case, it is important for individuals to know filing a claim can be a complicated process. Typically, it has a statute of limitations of one year. Oftentimes, a person is going to have to make some quick decisions and get all the medical records to an expert witness early in the process. Unlike most personal injury cases, a person is going to have to file a lawsuit, probably 95 percent of the time or more.
If a person files a lawsuit, typically they are not going to get a trial date for one to two years after the time they file the lawsuit. It is going to be a long drawn out process. It is going to be a very expensive process as far as expert witness costs. You should speak with an experienced malpractice lawyer regarding the issues in your case. It may be critical to try getting an opinion as far as whether the case can be pursued.
Typically, lawyers would want a complete history verbally of the treatment before initiating a Toledo medical misdiagnosis case. They would want to start at the beginning by getting a complete history from the patient of when they started having the condition and when they started having symptoms up until the current time.
They may want to order the medical records, get certified copies and do some additional preliminary research on the standard of care. Then they would find the correct medical expert, ship the records to the medical expert and have an in-depth conversation with the medical expert.
The important thing is getting all the correct information, finding the best doctor willing to cooperate to review the records, and having an intense discussion to determine how strong the case is.
Attorneys are going to look into the history and the standard of care. They also may research the individual doctor to see if there are prior lawsuits against that individual doctor. If so, they want to know what the reasons are for the prior lawsuits against the doctor. They are going to look into the licensure of that doctor to find out if that doctor ever had their license suspended and had grievances against them.
When initiating a Toledo medical misdiagnosis case, an attorney may try to determine how viable the injuries are to the individual. Unless a person had serious permanent medical injuries, under Ohio law, it is probably not worth the beneficial basis to take the case. Even an inexpensive medical malpractice case, a person could be spending $25 to $50,000 on expert witnesses.
The doctor can continue seeing the patient on a regular basis after the alleged malpractice because they either feel bad or they are afraid that if the client goes out and seeks a second opinion that somebody may recommend that they pursue a claim against them. The other extreme is where the doctor after the alleged malpractice refuses to see the patient again or tries to dump the patient as soon as possible. If many doctors are involved in the misdiagnosis case and they know that there was a bad result they may never want to see the patient again. It may be critical to contact an attorney about initiating a Toledo medical misdiagnosis case before deciding how to proceed with your doctor or medical facility.