Articles Tagged With: Misdiagnosis
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Misdiagnosis Leads to Premature Emergency Delivery, Severe Brain Damage, and $34 Million Verdict
Misdiagnosis or delayed diagnosis is one of the most — if not the most — common causes of medical malpractice claims. A failure to timely diagnose a condition may render the subsequent treatment ineffective or may preclude any treatment.
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Harsh Criticism for New Report on ED Diagnostic Errors
New research that might have injected renewed vigor into improving diagnostic performance in the ED has instead prompted much uproar. In the emergency medicine community, that discussion has been overshadowed by biting criticism about the data and the methodologies investigators used to reach their conclusions — and what some are calling unfair blame placed at the feet of emergency providers.
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ED Physicians Dispute Claims of High Diagnostic Error Rates
Investigators from AHRQ estimated more than 7 million people may be inaccurately diagnosed in hospital EDs every year, prompting concerns about patient safety and the potential for liability. However, emergency physicians are sharply critical of the report. They say some of the conclusions are based on faulty interpretations of data.
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Patients with Nonspecific, Atypical Symptoms Could Be Misdiagnosed
An emergency medicine professor explains how providers can reduce risks for ED patients who present with unusual symptoms.
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Misdiagnosis of Autoimmune Encephalitis
A recent multicenter, retrospective review of 393 adult patients given a diagnosis of autoimmune encephalitis noted that 107 patients (27%) were misdiagnosed and ultimately had other diagnoses confirmed, but after a considerable delay.
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Former NFL Running Back Awarded $28.5 Million in Medical Malpractice Case
In this matter, the principal issue related to the physician’s failure to evaluate, diagnose, and treat the patient’s talus bone and cartilage condition. The plaintiff argued the physician delayed and/or misdiagnosed his condition and provided improper treatment, resulting in permanent damage. Unfortunately, misdiagnosis and delay in diagnosis of orthopedic conditions are common forms of medical malpractice.
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Gastric Bypass Malpractice Yields $14.1 Million Verdict
There are two principal ramifications arising from this decision. First, in a case involving medical malpractice, a common-law cause of action, the Open Courts Provision does not supersede statutory restrictions on recovery of economic damages via Chapter 33. Second, the decision allows for settlement credits to be applied for settlement of derivative claims, even if the non-settling plaintiff does not have a cause of action for the same derivative claim.
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Repeat Visits Are Second Chances to Avoid Misdiagnosis
Conditions that start with subtle signs and evolve over time are traps for the practitioner who is too rushed to let the situation unfold.
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EP Could Be Deposed if Patient Was Misdiagnosed at Another ED
Beware making well-meaning statements or criticizing other clinicians in front of patients.
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Misdiagnosis of Infection Leads to Injuries and $500,000 Award
This case presents interesting lessons in both substance of medical malpractice cases and in procedures for resolving allegations of medical malpractice. On the substance, the primary issues in this case revolved around the delayed diagnosis: whether the delay fell below the applicable standard of care, and whether the delay directly caused the patient’s injuries. A patient alleging medical malpractice has the burden of demonstrating both of these elements, among others.