A heart attack is a race against time. A missed or delayed heart attack diagnosis can have devastating consequences. When a diagnostic error causes additional injury or contributes to a patient’s death, Ohio law may provide a path to hold negligent providers accountable. If a patient was sent home with another diagnosis while a heart attack went unrecognized, the medical records may help determine whether the care fell below accepted standards.
At The Becker Law Firm, we help patients and families across Ohio find out whether a missed or delayed heart attack diagnosis was a failure of care. Call 216-480-4620 to speak with our team about what happened.
When a Heart Attack Is Mistaken for Something Less Serious
Heart attacks don't always look like the crushing chest pain people see in movies. Symptoms can be vague, come and go, or show up somewhere other than the chest, and that makes it easier for a busy emergency team to attribute them to something else.
Conditions Commonly Confused With a Heart Attack
Several conditions can look like a heart attack, and a missed diagnosis often starts when one of them is assumed too quickly:
- Acid reflux and indigestion: Burning or pressure in the chest or upper abdomen.
- Anxiety or panic attacks: Chest tightness, a racing heart, and shortness of breath.
- Muscle strain: Chest wall pain that seems to be tied to movement.
- Pneumonia or bronchitis: Chest discomfort with breathing difficulty.
- Gallbladder problems: Upper abdominal or back pain.
A malpractice claim may arise when providers settle on another explanation without adequately evaluating a possible cardiac cause under the circumstances.
Why Women and Younger Patients Are More Often Overlooked
A 2022 study published in the Journal of the American Heart Association found that women ages 18–55 who visited an emergency department with chest pain waited an average of 48 minutes to be evaluated, compared with 37 minutes for men of the same age. Women were also less likely to have their condition classified as requiring immediate or emergency attention.
These findings do not establish negligence in an individual case. A malpractice investigation may examine whether assumptions about a patient’s age or sex contributed to delayed testing, an incomplete evaluation, or premature discharge. The key question is whether providers appropriately evaluated the patient’s symptoms, medical history, and test results.
How Heart Attacks Are Missed or Treated Too Late in the ER
A heart attack can be missed at several points, and the details are often in the medical records.
Missed or Misread EKG Findings
An electrocardiogram, or EKG, can show signs of a heart attack, but providers may misinterpret the results, delay reviewing them, or fail to repeat the test when warranted. A records review can help determine whether providers recognized concerning findings and responded appropriately. A normal initial EKG does not rule out a heart attack.
Troponin Testing Errors and Skipped Repeat Tests
Troponin is a protein released when heart muscle is damaged, and blood tests for it are a key part of the evaluation. Levels can take time to rise, so providers commonly repeat the test over a period of hours. Potential failures may include not ordering indicated testing, omitting repeat testing when warranted, overlooking significant results, or discharging a patient before necessary results have been reviewed.
Premature Discharge of Patients With Chest Pain
A discharge decision may warrant investigation if providers overlooked concerning findings or sent a patient home before necessary testing was complete. The review may also examine whether discharge instructions clearly explained relevant risks and whether appropriate follow-up arrangements were made.
Delays in Cardiology Consults and Cath Lab Activation
When a patient needs urgent cardiac intervention, delays in contacting a cardiologist, activating the catheterization laboratory, or arranging a hospital transfer may warrant investigation. Medical experts can review whether providers acted within the time required by accepted standards of care and whether an avoidable delay caused additional harm.
Concerned that an emergency room overlooked important findings? Call The Becker Law Firm at 216-480-4620 to discuss whether the care warrants further investigation.
Building a Heart Attack Misdiagnosis Claim in Ohio
Not every missed heart attack is malpractice. A claim requires proof that a provider's care fell below the standard of care and that this failure caused harm the patient wouldn't otherwise have suffered, such as additional heart damage or death.
Who May Be Responsible for a Missed Diagnosis
Depending on the facts, responsibility can involve the emergency physician, a nurse or physician assistant, a cardiologist, a radiologist or lab provider, the hospital through its staff and systems, or a physician group. Each one's role has to be examined through the records.
Ohio's Affidavit of Merit Requirement
Ohio Civil Rule 10(D)(2) generally requires a medical malpractice complaint to include an affidavit of merit from a qualified expert. The affidavit addresses the expert’s review of available relevant records, familiarity with the applicable standard of care, and opinion that a breach caused injury. A plaintiff may request additional time to submit the affidavit when permitted by the rule.
Filing Deadlines for Ohio Medical Malpractice Claims
Under Ohio Revised Code § 2305.113, a medical malpractice lawsuit generally must be filed within one year after the claim accrues, meaning the legal filing period begins. If a qualifying written notice is given to a provider before that deadline expires, the lawsuit against that provider may be filed within 180 days after the notice is given. Missing the applicable deadline can prevent you from pursuing compensation, so it is important to seek legal advice promptly.
Wrongful Death Claims After a Fatal Heart Attack Misdiagnosis
When a patient dies because of a missed or delayed heart attack diagnosis, the estate’s personal representative may bring a wrongful death claim for the benefit of eligible surviving family members. Ohio generally requires wrongful death claims to be filed within two years after death.
Claims arising from medical care are also subject to Ohio’s four-year medical claim statute of repose, which can bar a claim based on the date of the alleged negligence. Any related survival claim may have a different deadline, so an attorney should evaluate each potential claim promptly.
Questions about the deadline for your case? Call The Becker Law Firm at 216-480-4620 to discuss your potential claim.
Why Families Choose The Becker Law Firm for Cardiac Malpractice Cases
The Becker Law Firm has represented families in complex medical negligence and failure to diagnose cases. Our case results include a $3.75 million settlement for the family of a man who died of a fatal cardiovascular condition several hours after being discharged from an Ohio emergency department.
In cardiac malpractice cases, we work with medical experts to review the patient’s records, examine the decisions leading to discharge, and determine whether a failure to meet accepted standards of care caused additional harm. This review helps us identify potential negligence and build a claim supported by the evidence.
Talk to a Heart Attack Misdiagnosis Lawyer in Cleveland
If you or someone you love suffered serious harm after a missed or delayed heart attack diagnosis, The Becker Law Firm can help you explore your legal options. Contact us at 216-480-4620 to discuss what happened and whether further investigation is warranted.
Ohio Heart Attack Misdiagnosis FAQs
Can I file a claim if the ER sent me home and I had a heart attack later?
Possibly. If a provider failed to do an appropriate workup, misread tests, or discharged you when the signs called for further evaluation, that may be negligence. It depends on what the records show, including your symptoms, test results, and the reasoning behind the discharge.
What if my EKG was normal but I was still having a heart attack?
A normal initial EKG does not, by itself, resolve whether the evaluation was appropriate. A legal review considers the full record and whether additional evaluation was warranted under the circumstances.
Is every missed heart attack considered medical malpractice?
No. The claim must establish that the provider failed to meet the applicable standard of care and that the failure caused additional harm.
How long do I have to file a heart attack misdiagnosis claim in Ohio?
Generally one year after the claim accrues under Ohio Revised Code § 2305.113, with possible extensions and a four-year statute of repose. Because the rules are strict, call a lawyer as soon as you can.
What records help show a heart attack was misdiagnosed?
Emergency department records, EKG tracings, lab results including troponin levels, nursing notes, imaging, discharge instructions, and any later hospital or cardiology records. We can help you request them.
Can my family file a claim if a loved one died after being discharged?
Yes, potentially. A wrongful death claim can be brought by the estate's personal representative for the benefit of the family. Deadlines for medical negligence claims can be short, so talk to a lawyer promptly.
