The Ohio Supreme Court has ruled that a cancer patient may pursue an emotional distress claim that alleges a faulty diagnosis let undetected cancer spread.
The court Wednesday upheld an appellate court decision in a lawsuit filed by the woman in northeast Ohio’s Summit County. Justices say the claim is based on physical injury and may be pursued as part of a medical malpractice lawsuit.
The suit seeks damages from a radiology service and doctor.
They moved to have the lawsuit dismissed, saying damages could not be granted for the claim. A lower court agreed. It said the growth or spread of cancer was not recognized in Ohio as a physical injury that would support a medical negligence claim.
The appellate court reversed the lower court’s decision.
Was this article valuable?
Here are more articles you may enjoy.
Public Adjuster Coalition Unveils Ethics Code, Plans Complaint Board
EU’s Insurance Watchdog Warns of Risks Tied to Extreme Heat
EV Sales Are Booming in Europe With Gasoline at $10 a Gallon
El NiƱo and Heat Fuel Destructive Storms Across Pacific Ocean