Legal Question in Medical Malpractice in Virginia
Complete Mis-Diagnosis of illness
Patient has abominal craps for 2 ays. On third day, patient goes too emergency room and is diagnosed with grain of sand sized kidney stone. Treatment started for passing of Kidney stone. Four days later, patient 's pain has increased and location of pain has changed. Patient returns to emergency room (as per instructions on discharge papers, if pain increases). Patient is now diagnosed w/ ruptured appendix and is told that patient has had ruptured appendix for a minimum of one week, that there never was a kidney stone. Is this the basis for a malpractice suit?
1 Answer from Attorneys
Re: Complete Mis-Diagnosis of illness
A successful malpractice suit requires proof of both breach of the applicable standard of care and resulting damages. Here, there may have been a departure from the standard of care (but there may not - the standard is not that a correct diagnosis was not made, but that the doc acted as a reasonably prudent doc would to make the diagnosis). But what you do not say is whether, apart from a few days of increased pain, there was any harm resulting from the error. While this pain may technically be sufficient damages, the cost of bringing a malpractice suit effectively precludes such suits where the damages are not severe. Here, it sounds like, fortunately, there may not be any severe damages.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
