The Ohio Supreme Court has ruled that an Ohio woman can go forward with her medical malpractice lawsuit against a doctor who she says failed to detect a large breast mass. Failure to detect the mass early led to heavier treatment as well as mental and emotional distress.
Ohio's Supreme Court ruled unanimously that the 73-year-old Lonna Loudin can pursue her lawsuit against the doctor. The court says that the growth of cancer is a physical injury and can be used to seek emotional distress damages in a medical malpractice lawsuit.
Loudin's attorney insists that the case of a patient who followed through with recommended frequent medical visits whose doctor failed to accept the responsibility for a misdiagnosis. According to the Beacon Journal, Loudin's attorney says that, "Women who rely upon annual mammography for cancer screening ought to be able to hold radiologists accountable when they're wrong, and they tried to avoid responsibility here."
According to the lawsuit, Loudin had been receiving annual mammograms since 1997. In 2003, her doctor did not discover a mass that had developed on her left breast. Loudin's attorney says that the mass had been on her breast for years. It wasn't until Loudin completed a self-examination in 2004 which revealed the lump in her breast.
Because of the lump, Loudin had to begin radiation and chemotherapy treatments and several lymph nodes required removal. The cancer spread and her chances of survival were lessened because of the late detection, Loudin's attorney claims. Loudin seeks over $25,000 in damages in the lawsuit.
If you have been a victim of medical malpractice, contact the Law Offices of Bruce G. Fagel & Associates. Call us toll free at 800-541-9376 or click here to visit our website.
