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.
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