Failure to Diagnose Dysentery: Complications and Legal Issues

A physician's failure to diagnose a patient with dysentery can constitute medical malpractice. To have a valid claim, however, the patient must prove that another physician would have made the diagnosis and that, because he was not diagnosed, he suffered damages.

Dysentery Explained

Dysentery is caused by a bacterial infection in the lower intestines which causes inflammation. It is usually acquired by ingesting the bacteria through food or contaminated water. Symptoms include bloody and watery stool, fever, nausea and severe abdominal cramps. Diagnosis of the disease is performed through testing a stool sample to identify whether the bacteria is present. It is treated by administration of antibiotics and dietary supplements, mainly to combat the dehydration which usually accompanies it. It is curable, but if undiagnosed can be fatal.  

Potential Consequences of Failing to Diagnose

Not identifying or misdiagnosing the disease and not prescribing antibiotics can cause the illness to worsen. If left untreated, the dehydration it causes could induce the patient to become disoriented or to develop additional illnesses, such as Chron's disease, scurvy and viral infections.

Malpractice and Failing to Diagnose

A patient who presents himself to a physician with the symptoms of dysentery, but who is not tested for the illness, may have a legal cause of action for medical malpractice. They would also have a cause of action if the physician performed tests, but misread them and did not prescribe antibiotics.

Malpractice Explained

All doctors owe a duty of care to their patients to act as a normal physician would under the circumstances. A patient complaining of the symptoms of dysentery would normally induce a physician to require a stool sample and testing. Not testing or prescribing antibiotics is a breach of the duty of care owed to a patient.

After proving a breach, however, the patient must prove that the physician's actions caused him injury and damages. Injury can be in the form of mental or physical pain, further illnesses or additional medical bills which would have not been incurred had the patient been diagnosed. The patient must show that the physician's failure caused his condition to worsen and caused him to become more ill, unnecessarily. Although available, mental damages are difficult to claim. To obtain compensation for mental damages, the patient must usually show that they went through extreme emotional duress because of their illness. 

If the court or jury determines that they breached their duty of care, the physician could be ordered to compensate the patient financially. Monetary damages for medical bills are usually compensated on a dollar-for-dollar basis, while emotional and other damages are estimated based on the local averages and include funds for the patient's pain and suffering.

Getting Legal Advice

If your physician failed to diagnose you with dysentery and you believe you are entitled to compensation for the subsequent injury you suffered, seek legal advice. An attorney will review your medical records and discuss your legal options with you.