Ohio Supreme Court Allows Emotional Distress Claim in Malpractice Lawsuit

 Monday, April 25, 2011

 Insurance Journal

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 upheld an appellate court decision in a lawsuit filed by Lonna Loudin 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 Radiology & Imaging Services and Dr. Richard Patterson, who Loudin believes misdiagnosed the results from a mammogram.