A misdiagnosis of a patient’s illness or injury can result in a patient being further injured by not being treated or by undergoing improper treatment. Appendicitis is a condition that, if misdiagnosed, could have disastrous, potentially fatal consequences. Below is a description of making a negligence claim for a misdiagnosed appendicitis.
Negligence Defined
In the legal world, negligence is behavior that falls below the normal standard of care. What is considered “normal” is defined by the activity, education level and the other specific factors of an activity. As it relates to appendicitis, negligence would include failing to consider the possibility of an appendicitis, not running tests to check for an appendicitis, or not performing surgery to remove a patient’s appendix.
Making a Negligence Claim
A negligence claim must show that the accused party acted negligently in his behavior and that the accusing party suffered injury as a result. Without injury, financial, physical or emotional, there is no remedy; injury, therefore, is essential to the claim.
The First Step: Treatment Sought
The first step in making a claim for negligently misdiagnoses of appendicitis is for the injured party to show that he sought treatment from a physician presenting complaints indicating that appendicitis was the medical issued complained of. For example, the patient must show that he appeared at the physician’s office or hospital complaining of severe abdominal pain, vomiting and diarrhea. These symptoms are related to appendicitis. A patient seeking treatment for a broken arm that subsequently suffered appendicitis a few hours later would not fulfill this requirement.
The Second Step: Appendicitis Untreated
The next step is for the injured party to show that the physician did nothing to identify if the patient was experiencing appendicitis. The doctor must not have ordered any tests of the patient’s appendix, such as an ultrasound, felt the patient’s stomach or mentioned the possibility of appendicitis. If the doctor considered appendicitis but treatment or testing had not begun, the doctor did not act negligently.
The Final Step: Patient Injured
The patient must have suffered some injury as a result of the negligence in diagnosing appendicitis. Undergoing unnecessary surgery to remove the patient’s appendix when he was not suffering appendicitis or not performing surgery when the appendix needed to be removed are sufficient injuries. It matters only that the patient somehow be affected by the physician or nurse’s negligence.
Obtaining Legal Assistance
If you were misdiagnosed with appendicitis, or were not diagnosed as having appendicitis and you were suffering that ailment, you might have a negligence claim against the doctor, nurses or hospital in which you sought treatment. Prior to filing your negligence claim, however, seek legal assistance.
