Legal Question in Medical Malpractice in Ohio

Was Misdiagnosed regarding Serious Heart Problem

I am a very healthy 34 yr old woman who has had 'extra beats' in her heart forever, no big deal. During an appt last year at a general doctor, the 'beats' were heard again. A cardiologist ck'd them out through tests and I was told everything is fine but decided she'd see me every yr to keep tabs. This year I was told from an echocardiogram that my heart function was down to 35% and all my valves were leaking moderately to severely and my lifespan would not be normal. I was put on 2 heart medications and had another test where I was knocked out. That test came up fine. I quit this lady and a new dr did his own tests and reviewed the initial test and said there was nothing wrong, nothing had ever been wrong. I am relieved but every time I feel my heart beat I am scared and when my ankles swell part of me panics. There is more but this is the gist of it. This is consuming my life and I am very upset. Plus I am having a difficult time getting life insurance because of the information out in the MIB. I just want to know my rights. I don't want to frivolously sue but she gets off with an oops and I have something that consumes my thoughts and entire perception of life.


Asked on 7/16/03, 2:28 pm

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Re: Was Misdiagnosed regarding Serious Heart Problem

First, what you have to ask yourself is "what are my damages?"

From what you have explained, a doctor diagnosed you with a severe heart problem that turned out to be no problem at all.

So, did the medication you were taking have an adverse affect on you or your life. DId it have bad side effects?

Second, and a very important aspect of med mal cases, will another doctor or the doctor you are seeing now testify under oath that the care and treatment received by you from your previous doctor fall below the reasonable standard of care for doctors in your community.

In other words, to have a solid med mal case you have to have an expert/doctor/specialist testify that the other Dr. really messed up.

Then once it can be shown that the doctor really messed up, you have to prove/show what your damages are. (ie- additional medical expenses, pain, discomfort, anxiety, emotional distress, etc.)

All legal stuff aside, you should get a third opinion from another doctor.

I hope this helps.

Timothy Hess

1880 Midland Bldg.

101 Prospect Avenue

Cleveland, Ohio 44115

216-241-1214

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Answered on 7/18/03, 2:36 pm


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