Can You Pursue a Medical Malpractice Claim for Flu Misdiagnosis?
Thousands of people suffer from the flu each season in the United States. The elderly and children are even more prone to getting the flu. Catching the flu and getting sick can cause a big disruption to the affected person’s life. Severe cases of flu can even result in death. Many people think they do not have a misdiagnosis claim if their doctor fails to diagnose them since the flu is very common. However, you may still have a medical malpractice claim. Talk to Syracuse Medical Malpractice lawyers to learn more.
Why is flu often misdiagnosed?
Flu shares many symptoms with a common cold and some other medical conditions, making it easy to misdiagnose. A misdiagnosis can occur if a doctor fails to run the proper tests or diagnose a patient’s symptoms, resulting in a delay in treatment.
During the flu season, doctors often have to deal with many patients. This means that they may sometimes perform a hurried inspection without taking the steps to diagnose the patient properly. This may result in misdiagnosis.
Some symptoms of flu are:
- Sore throat
- Vomiting and diarrhea
- Runny or stuffy nose
- Body aches and pains
These symptoms can easily be mistaken for another medical condition, such as:
- Common cold
What is a doctor’s duty of care?
A doctor is expected to properly diagnose or treat their patients using their knowledge and expertise in their field. They have a legal duty to accurately diagnose and treat their patients by applying the expected standard of care.
When is a doctor liable for medical malpractice?
The doctor would not be automatically liable for your resulting illnesses even if they misdiagnosed your flu symptoms. To have a proper medical malpractice claim, you need to prove the following:
- You and the health care provider had a patient-doctor relationship, and the health care provider examined you or administered care.
- Your doctor violated the standard of care expected of a doctor with similar training and experience.
- The misdiagnosis caused you harm.
- You suffered damages as a direct result of the misdiagnosis.
To prove a medical malpractice claim, it is advisable to get the help of a legal professional to avoid mistakes.
Get help from a lawyer today.
If you or a loved one has been harmed due to a misdiagnosis, you deserve to recover your damages. Get in touch with an experienced medical malpractice lawyer and get the legal help you deserve.