Misdiagnosis Resulting in a Ruptured Artery

A ruptured artery can cause serious medical complications and can sometimes even be fatal. A ruptured artery can result if your doctor botches a surgical procedure or, in some cases, if your doctor misses the signs of a ruptured artery or misdiagnoses an aneurysm that leads to the rupture. In addition, the damage from a ruptured artery can become even more severe very quickly if your doctor doesn't take the right steps to treat the problem. So, what can you do if your doctor misdiagnoses you and the misdiagnosis results in a ruptured artery?

Understanding Medical Malpractice

The only way to recover or hold your doctor liable for a misdiagnosis or other medical error is through a medical malpractice lawsuit. This is a civil suit that is similar to other personal injury lawsuits, such as a suit you might bring if someone injured you in a car accident. In order to successfully prove a medical malpractice lawsuit and to hold your doctor liable for the damages caused by your ruptured artery, you need to prove:

• That your doctor was unreasonable in the level of care he provided. If a reasonable doctor would have properly diagnosed the aneurysm or the condition that led to the ruptured artery, then your doctor can be considered unreasonably negligent for failing to do so. This all comes down to whether your doctor was unreasonably negligent or not. Usually, expert testimony is required to convince the jury one way or the other as to this issue
• That your doctor's negligence or breach of duty was the actual and direct cause of your injuries. This is referred to as the legal requirement of proximate cause. If your doctor can prove the injury would have happened anyway, then there are no damages he can be held liable for. For example, if he can prove that even if he diagnosed you correctly, that the aneurysm would have ruptured and that you'd have suffered the same amount of damages, then there is nothing for the court to actually compensate you for.

Getting Legal Help

Proving a medical malpractice case is not a do-it-yourself endeavor, especially due to the complexity of medical decisions and health care. It is important you consult with a qualified lawyer as soon as possible so your attorney can help you to determine if you have a case and, if so, so he can help you start collecting the evidence you need to prove it.