Legal Question in Medical Malpractice in Pennsylvania

Re: Misdiagnosis of a medical condition resulting in death

The fact of misdiagnosis does not without more prove malpractice. However, the presentation of cholecystitis vs. urinary tract would typically be so different that its hard for me to understand how gb disease could have been mistaken for a urinary tract infection. On the other hand, when a patient is confused an inaccurate picture of symptoms and history may be presented. Whether or not a claim exists is entirely a separate question from whether a claim should be pursued. A careful review of records by a lawyer will reveal whether a basis exists for a claim. But even then there may be circumstances that would support a decision to not pursue a claim. The damages recoverable for the death of an elderly confused patient might be so limited that the time and expense of prosecuting the claim is unjustified unless the evidence of error is simple and clear.