With a 7-0 vote, the Ohio Supreme Court upheld the appeal of a 73-year old woman whose breast cancer was not diagnosed in spite of annual breast exams. The trial court dismissed the lawsuit in 2009 but the 9th District Court of Appeals reversed that decision. Ohio’s highest court agreed with the appellate court meaning Lonna Loudin’s medical malpractice will come back to Judge Lynne Callahan’s courtroom.
Ohio Supreme Court Justice Yvette McGee Brown authored Wednesday’s ruling.
According to the Akron Beacon Journal, ”There is no requirement in Ohio that a physical injury in a traditional negligence case cause pain or otherwise manifest itself so that the plaintiff is aware of its presence and deleterious effect at all times,” McGee Brown wrote.
”Whether the cancer is left undiagnosed to advance to the point of necessitating the removal of an organ, a limb, a breast, or a larger lump, the destruction of additional healthy cells and increased number of cancer cells are physical injuries, not mere physical change.”
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