What is the Legal Standard for Proving Negligence in a Misdiagnosis Case?
Approximately 7 million people who visit the emergency room are misdiagnosed each year. Misdiagnosis can lead to a progression of your condition or further complications, both of which are typically preventable with proper testing and a complete patient history. Ramifications of a misdiagnosis can stem from every area of a person’s life, impacting them financially, emotionally, and physically. A misdiagnosis can result in permanent disability or long term impairment; debilitating a once active individual.
If you have recently been misdiagnosed, the Greenville misdiagnosis lawyers at Parham Smith & Archenhold are here to assist you in submitting your claim. We understand the devastation that accompanies a physician’s error, and we believe that medical professionals should pay for their wrongdoing.
Top Five Conditions Most Often Misdiagnosed
The five most commonly misdiagnosed conditions in the emergency room are:
- Stroke: Condition causing blood flow to the brain to be interrupted.
- Myocardial infarction (more commonly known as a heart attack): A condition in which there is a lack of blood flow to the heart, causing the death of heart muscle and tissue.
- Aortic aneurysm and dissection: An aortic aneurysm is a bulge in the wall of the aorta (main artery carrying blood from the heart to the rest of the body), which increases the risk of the aortic lining tearing, known as an aortic dissection.
- Spinal cord compression and injury: Condition in which pressure on the spinal cord disrupts function. Injury to the spinal cord can inhibit nerve signals from reaching the rest of the body, potentially causing permanent loss of movement below the site of injury.
- Venous Thromboembolism (VT): Condition causing blood clots in the veins. There are various conditions that stem from VT, with specific conditions depending on the location of the clot.
Why Do Misdiagnoses Occur?
There is no denying that extreme demands are placed on medical professionals each day. Although there are only 5,000 emergency room departments in the United States, about 130 million ER visits are recorded each year. While ER physicians have a limited time to diagnose and treat patients, primary care physicians are no strangers to similar time restrictions, with some providers only being allotted 15 minutes to examine, diagnose, and treat patients.
While most physicians provide a high level of care to their patients, there are situations in which a doctor may deviate from the expected standard of care. The most common reasons misdiagnoses occur are:
- A high number of patients to see in a limited time
- Failing to take a proper patient history, including family history, history of past diagnoses or conditions, and current medications
- Providers examining patients with similar symptoms, potentially caused by any number of diseases (especially in the ER)
- Failing to order proper tests
- Misreading or misinterpreting test results
What Must I Prove to Win a Medical Malpractice Claim?
For a successful medical malpractice claim, the following elements must be demonstrated:
- Duty of care: The physician or other medical professional owed you a duty of care.
- Dereliction (breach of duty): Either through an act or failure to act, the provider failed to meet the standard of care that a medical professional in the same field would have followed in the same situation.
- Damages: You sustained losses in the form of physical, emotional, or financial harm.
- Direct cause: There is a causal link between the provider’s actions and the harm you suffered.
Proving these factors exist in your case requires strong evidence. At Parham Smith & Archenhold, our Greenville misdiagnosis lawyers believe that a healthcare provider should be held accountable for the harm caused. Our legal team will not only gather pertinent information but also present the evidence in a manner that establishes the provider’s liability without a shadow of a doubt.
Suffer Harm at the Hands of a Medical Professional? Contact Our Greenville Misdiagnosis Lawyers Today
With millions of individuals being misdiagnosed annually, being the victim of a physician’s carelessness becomes a real possibility. At Parham Smith & Archenhold LLC, we have seen thousands of individuals harmed by a medical professional’s error or oversight. If you or a family member have been injured due to a misdiagnosis, do not hesitate to contact our Greenville misdiagnosis attorneys. To learn more or arrange your free consultation, contact us online or by phone today.