Misdiagnosis of an Upper Respiratory Infection: Medical Malpractice

An upper respiratory infection occurs in the nose or nasal passages, sinuses, or the larynx or pharynx. Common symptoms include runny noses, sore throats, coughing, lack of energy, tiredness and coughing. Chronic infections such as sinusitis can also occur. An upper respiratory infection should be properly diagnosed and treated as soon as possible to avoid the infection worsening or spreading. If the infection is severe, hospitalization may be required, especially if the infection leads to dehydration. Such infections can also mask the appearance of potentially serious conditions, like bronchitis, acute HIV or asthma. In the event that your doctor does not correctly diagnose your infection or medical condition, you may have a claim for medical malpractice against your physician. 

Diagnosis Procedure

An upper respiratory infection can be diagnosed after you report symptoms that indicate the need for testing. Your doctor should examine your nasal passages and nasal cavity for redness or irritation. Blood work and additional testing, such as a throat swab or nasal swab, may also be necessary to diagnose conditions such as strep throat or bacterial infection.

If you present symptoms of an infection and your doctor does not perform the proper tests, misses something on the tests or diagnoses you improperly, a claim for medical malpractice may arise. However, there are certain things you must prove in order for your doctor to be considered liable for such malpractice. 

Requirements for Malpractice

In order to hold your doctor liable for an upper respiratory infection malpractice case, there are four essential factors you need to prove:

• Your doctor owed you a duty. This is generally easy to prove, as a doctor has a duty to provide any patients with the level of care any reasonable physician with his qualifications, training and specialization would provide. 
• Your doctor breached her duty. You must prove the care actually provided was below the level a reasonably competent physician in the same position would have offered. If your doctor ignored symptoms or misread tests, for example, you can prove that no reasonable doctor would have done so. This is often proven through expert medical testimony given by other medical professionals.
• The breach of duty led to an injury. If a delayed or missed diagnosis or improper treatment caused you to suffer in some way or to incur additional costs, and you would have not had such costs or suffering had your doctor provided an appropriate level of care, you can prove this element of your case. 
• You actually suffered damages. Such damages should include compensation for medical bills, lost wages, emotional distress, and pain and suffering. If the misdiagnosis or improper treatment resulted in the death of a patient, the family or the patient's estate may sue for wrongful death damages. 

Misdiagnoses of Serious Conditions

Generally, the more serious your condition, the more likely you will suffer damages. For example, whooping cough and sinusitis are both relatively serious conditions that may be misdiagnosed. Whooping cough in particular is an extremely contagious disease that can be fatal. Also called pertussis, the condition may be misdiagnosed if the physician does not notice the trademark deep, violent coughing and simply believes you have a regular cough or cold. Diagnosing whooping cough early is especially important, because if your doctor does not diagnose it until the bacteria has spread, treatment with antibiotics may become difficult or impossible. 

Getting Help

If you believe your doctor has failed to diagnose a sinus problem or that your doctor did not provide you with proper treatment for your infection, consider speaking to an attorney. Your lawyer can assist you in determining if you have a medical malpractice claim and, if so, can help you to prove your case and get the compensation you are entitled to under the law.