Legal Question in Medical Malpractice in Ohio

If a doctor did not inform the patient. That her kids should be tested cause the disease is herreditary . If the child gets the disease is that mal practice


Asked on 8/21/10, 10:42 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

It depends on the disease. If the disease is something that could have been tested for during pregnancy annd decisions made about continuing the pregnancy that raises one issue. If the disease is something that could not have been prevented it still has to be shown that the likelihood of the disease occurring in the children was high enough that the doctor had a duty to test for it. The next question becomes what damage has been caused by the delay in testing for and determinig that the child has the disease that was inherited from the parent. If there is no treatment for the condition or the treatment is the same regardless of when it was diagnosed there is no causation and likely no injury that can be pursued. More information would be needed to address the particular case and circumstance.

Hope this helps

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Answered on 8/27/10, 6:15 am


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