Woman Files Lawsuit Over Misdiagnosis that Left Her Multiple Sclerosis Untreated for 10 Years
A Kansas resident has filed a lawsuit against a medical center after they misdiagnosed her multiple sclerosis and left it untreated for 10 years. Named as defendants in the lawsuit are her treating physicians and the medical group that they work for. The physicians are accused of “failure to take steps toward studying and achieving the true diagnosis,” according to the lawsuit. Instead of diagnosing her with multiple sclerosis, the physicians had her diagnosed with migraine headaches. The treatment for migraine headaches only made her condition worse, the lawsuit contends. In court documents, the plaintiff alleges that throughout her treatment, she exhibited symptoms that “could have been related to a demyelinating disease”. Such a condition would impact the nervous system. But she was only treated for migraines.
According to the plaintiff, the physicians were negligent for never considering the correct diagnosis. She further alleges that her condition progressed during the time she was treated only for migraines. The disease was allowed to progress unchecked which caused lasting effects in the patient. After 10 years of only being treated for migraines, her neurologist recommended she seek treatment at another hospital as her condition worsened. It was there that she was eventually diagnosed with multiple sclerosis.
Misdiagnosis and medical malpractice claims
A misdiagnosis can be the basis for a medical malpractice claim if the ensuing misdiagnosis causes injury to the patient. In the case mentioned above, the patient is claiming that her condition worsened because of the misdiagnosis. Multiple sclerosis is an unpredictable disease. It is caused by the immune system attacking nerve cells in the myelin sheath resulting in failed communication from the brain to the body. It can cause increasing neurological damage as the disease progresses.
To prove a misdiagnosis lawsuit, you must establish that the treating physician never considered the correct diagnosis, considered the correct diagnosis, but eliminated it based on faulty reasoning, or misinterpreted lab results that led to a misdiagnosis. In these cases, you must also establish that significant injury resulted from the misdiagnosis. It is not enough to establish that a misdiagnosis occurred, you must prove that an injury resulted from the incorrect diagnosis. In the case mentioned above, the plaintiff is alleging that her condition worsened while she was only being treated for migraines. So, the plaintiff has the necessary allegations to get her case before a jury.
The plaintiff contends that the defendant doctors never considered the correct diagnosis or test for MS despite there being evidence of myelin damage throughout the patient’s care. If she can establish that there were actual injuries that resulted from the misdiagnosis, she will have enough evidence to prove and win her case.
Talk to a Baltimore, MD Medical Malpractice Attorney Today
The Maryland medical malpractice attorneys at Furman | Honick Law represent the interests of patients who have been misdiagnosed with medical conditions that led to injury. Call our office today to schedule a free consultation and learn more about how we can help.
Source:
kansascity.com/news/local/article282580053.html
