According to the Centers for Disease Control and Prevention (CDC), there are an average of 155.4 million emergency department visits across the country each year. That is nearly half the population showing up in an ER to deal with a medical crisis. More alarming is that 13% of people return to the ER within 30 days of leaving the hospital.
We all understand that an ER can be an extremely stressful environment, with literal life-altering decisions being made every minute. It is understandable that occasional misdiagnoses will happen.
Often those mistakes can be caught and corrected without harm. Unfortunately, some ER misdiagnoses can lead to harm. When that happens, you may have an actionable medical malpractice claim. That is when you need to involve a knowledgeable Louisville medical malpractice lawyer. That’s a good thing because it’s the best chance you might have of prevailing in a claim and getting the compensation you deserve.
Common Signs of a Misdiagnosis in the Emergency Room
Everyone has access to a wide range of medical knowledge online, starting with sites like WebMD or the Mayo Clinic. While those sites can provide helpful information, you still need a doctor for final confirmation. However, even with all their training, doctors are not infallible.
These are the warning signs to watch out for after an ER discharge:
Worsening Symptoms
You will leave the ER with a care plan. That may include a prescription or a recommendation to schedule a follow-up with your doctor. What if things get worse? You could experience recurring pain, fever, or breathing issues that get much worse after you go home. That could mean the prescribed plan isn’t right for you.
New Symptoms
There are many ailments that start out with direct pain. However, a cascade effect can occur when you develop strange new problems that don’t match your original diagnosis. That could indicate something was missed.
Callback Confusion
Many tests are run in an ER for multiple patients. What if the hospital calls back later to say your lab or X-ray results were actually abnormal? That creates confusion and will mean a return trip to the ER.
When filing a medical malpractice claim, it is crucial to identify the specific reason so that you can clearly assign liability.
High-Risk Medical Conditions Often Overlooked by ER Staff
When you go to the ER, you will share the symptoms of what you’re experiencing. From there, the doctor will begin a differential diagnosis. That is when they run down all the possibilities of what might be wrong with you. Based on that initial diagnosis, they’ll order tests that will help narrow down the ailment.
It is during the presentation of your initial symptoms that mistakes can be made like these:
- Heart attacks: These are often mistaken for simple heartburn, indigestion, or anxiety, especially in women.
- Strokes: A stroke can be misdiagnosed as a migraine or dizziness when classic signs like arm weakness are missing.
- Appendicitis: This is often confused with a normal stomach bug, gas, or menstrual cramps.
- Blood clots (Pulmonary Embolism): A blood clot is often misdiagnosed as asthma, pneumonia, or a muscle strain.
How to Prove an ER Physician Was Negligent
No matter what emergency room you go to in Kentucky, you should expect the same level of care in any ER. When that standard of care deviates from the norm, and a patient is harmed, it may be considered negligence.
Your condition could worsen on its own without being a misdiagnosis. However, if negligence was involved, you have to prove it by a preponderance of the evidence. This is the evidence you need to collect:
- Comprehensive Medical Records: These include detailed charts showing when you arrived at the ER, what your vital signs were, which tests were ordered or skipped, and what treatments were administered.
- Witness Statements: You can include testimony from family members or bystanders who observed your condition, wait times, and interactions with medical staff.
- Expert Witness Testimony: Kentucky law stipulates that a qualified medical expert must review your records and write a Certificate of Merit that attests the ER doctor’s actions clearly fell below the accepted standard of care and directly led to your injury. Without a Certificate of Merit, your medical malpractice claims cannot legally proceed.
Consulting a Kentucky Medical Malpractice Attorney
It might seem overwhelming to think about holding a hospital and doctor accountable for your misdiagnosis. However, without that accountability, you could be forced to pay additional medical expenses and miss more work. The solution may be filing a medical malpractice claim, but you don’t have to do it alone.
The attorneys at McCoy & Hiestand have helped many Louisville residents with medical malpractice claims. We understand the importance of gathering the right evidence to support a claim. That begins with lining up the medical professional to prepare the Certificate of Merit. We have access to an extensive network of doctors who can provide a thorough analysis of all your medical records to determine the merits of your claim decisively.
We also know that hospitals are extremely hesitant to accept responsibility for a medical error. That directly impacts their brand. We won’t be intimidated by their tactics. Our experience uniquely prepares us to knock down those challenges. We always fight for our clients to get the maximum benefits they’re entitled to.
If you’ve been harmed by a missed symptom in an ER, we want to hear what happened. Contact our office for a free case evaluation to get your questions answered. We’ll be honest with you about all your options and challenges. That is the best way forward.
