Award-winning Appendicitis Misdiagnosis LawyersLast updated on: August 27, 2021
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If appendicitis is not caught in a timely manner, the blockage causing the appendix to become inflamed, swollen, and filled with pus can rupture, leading to death. Thankfully, most cases of appendicitis are treated before they become fatal; still when a doctor has failed to diagnose a case of appendicitis, the patient can suffer excruciating pain and substantial health injury. Victims of such medical negligence may wonder whether they have any recourse, or if they can get a fair and just resolution of their claim.
Zinda Law Group medical negligence lawyers have worked with victims of misdiagnosed appendicitis in your area before; we provide expert advice on how to file a medical malpractice claim and have the resources necessary to help you seek maximum compensation. Start your recovery by contacting Zinda Law today at (800) 863-5312 and schedule your first, free case evaluation with one of our appendicitis injury attorneys.
what is appendicitis?
Appendicitis is the inflammation of the inner lining of the appendix. The appendix is located in the lower right quadrant of the abdomen area. The primary causes of appendicitis include infection of the appendix or obstruction, which may progress to the point of causing death.
According to the National Institute of Diabetes and Digestive and Kidney Disease, appendicitis is the most common cause of acute abdominal pain requiring surgery. Since the little appendage on the colon does not serve a critical function to the human body, doctors almost always choose to surgically remove it when it becomes inflamed, before it causes more harm.
Side Effects and Complications
If a patient presenting with appendicitis symptoms does not get the proper medical care, the appendix could rupture. In some cases, surgery is not required, but if the appendix is too inflamed, then surgery is the logical next step.
If the appendix bursts before it can be removed, the patient can develop complications. A ruptured appendix can cause a pocket of infection to develop somewhere in the abdominal cavity, or the infection could even spread throughout the entire abdominal cavity; this is called peritonitis, and it can be life threatening. If this happens, surgery is immediately required to remove all the pus and clean out the abdominal cavity area; after the surgery, antibiotics are prescribed to ensure the infection is eliminated completely.
How is appendicitis properly diagnosed?
Typically, when medical providers or emergency room physicians diagnose appendicitis, it is after the patient has complained that they have been suffering from the following symptoms:
- Inability to Move (depending on how severely inflamed the appendix is)
- Loss of appetite
Diagnosis of appendicitis can be quite a challenging task; this is in large part because abdominal pain can indicate a myriad of health problems. Therefore, it is not unusual for a healthcare provider to come to an incorrect diagnosis when treating a patient who complains of some of the previously mentioned symptoms.
Some of the more common reasons a doctor may fail to properly diagnose a case of appendicitis include:
- Abnormal symptoms that do not align with the ones that providers ordinarily see with appendicitis
- Failure to perform a full and proper physical exam
- Misdiagnosis of gastroenteritis
- Healthcare providers do not follow up after preliminary appointment
What happens after appendicitis misdiagnosis?
If your doctor failed to diagnose and therefore did not treat your appendicitis promptly, you may be able to hold them accountable for medical malpractice. Not all misdiagnoses are considered malpractice, so proving that your case was one of medical negligence might present a challenge for you.
You may have wondered, “Can I sue my doctor if my appendicitis was misdiagnosed?” The answer is likely “Yes,” but first you will want to speak with a professional attorney who has experience in handling these kinds of medical malpractice cases.
Seek a Medical Malpractice Lawyer
After appendicitis misdiagnosis, find a medical malpractice lawyer at Zinda Law Group to help you receive maximum compensation. An appendicitis medical injury lawyer near you can guide you in the complicated process of filing a medical malpractice claim; they will advise you on what records to obtain from the hospital where you were treated, and they can ensure that you receive all of your medical records from your medical provider. You must also find a reliable medical expert who is qualified to help you complete a medical review, one who is also willing and available to testify in court.
For a doctor to be legally liable for a misdiagnosis, the patient must have a medical expert who will testify about how they in the same circumstances would have arrived at the correct diagnosis; such testimony would serve to demonstrate that your physician failed to follow the same steps as other medical experts would. Your medical injury lawyer should have the resources to be able to connect with and retain the right medical expert for your case.
Doctors and physicians use “differential diagnosis” to make a list of possible conditions that could be causing patient’s pain or other symptoms. The provider collects the patient’s history, does a physical examination, and if necessary, some testing. Medical negligence related to a failure to treat appendicitis may occur during this preliminary phase of the appointment: when the physician or healthcare provider is trying to exclude and rule out all other possibilities through differential diagnosis.
Filing a medical malpractice claim
To file a medical malpractice claim, the patient will sign an affidavit explaining why they have a valid medical malpractice claim. There is a specific time limit during which the patient and the healthcare provider may settle the case and come to an agreement on compensation. If no settlement can be made, the case may proceed to trial. If you want to have the strongest case possible to present to the judge and jury, you will want to hire an experienced medical malpractice attorney who has successfully represented clients in court before and has helped them receive compensation for their damages and injury.
If you are able to prove medical malpractice of a misdiagnosed appendicitis, you may be entitled to receive compensatory damages through a verdict or a settlement. These damages are intended to return the patient to the condition or status they were in before the misdiagnosed appendicitis, to make them “whole again;” they are not necessarily meant to punish the physician. The maximum compensation you can receive may come from being granted both economic and non-economic damages.
A patient who can prove that they have suffered from misdiagnosed appendicitis may be granted compensation for economic and non-economic damages like these:
- Mental anguish
- Loss of consortium
- Medical provider bills
- Surgical bills
- Pain and suffering
- Lost income
Wrongful Death Claim
If a patient dies due to a failure to treat appendicitis, a representative of the deceased or his or her spouse can bring a wrongful death claim to seek damages. The damages being sought may cover any or all of the above mentioned as well as expenses for funeral services, loss or grievance, and loss of companionship. Consult with an appendicitis medical injury lawyer from Zinda Law Group to receive the sound advice on the best recourse for seeking compensation if you or a loved one has lost someone to a fatal appendicitis attack.
Misdiagnosed Multiple appendicitis FAQs
How Much Compensation Are You Entitled to after Misdiagnosed Appendicitis?
The amount you can recover after being misdiagnosed by a doctor depends on many complicated factors. Doctors can be sued if they have committed medical malpractice or were negligent in their treatment, and a medical professional is negligent if he or she fails to use the level of skill, knowledge, and care that other reasonable care practitioners would use in the same or similar circumstances.
The amount of money you are entitled to from your doctor will depend on the following:
- The extent of the damage after the misdiagnosed appendicitis
- Any medical bills or expenses that were needed
- Loss, pain, suffering, or grievance
The details of your case are unique so one cannot say for certain how much money you may be rewarded if you are able to win your case; furthermore, the road to maximum compensation may be a difficult one, especially if you are unfamiliar with the legal process and the laws affecting medical malpractice suits in your state. In the simplest of terms, it would be wise to consult the medical malpractice lawyers at Zinda Law Group in order to get a clear answer concerning the circumstances of your particular case, and it would be best to contact us as soon as possible, for it takes time to build a successful case and you want to get yours filed before the statute of limitations runs out.
Who is Most Likely to Develop Appendicitis?
There are about 250,000 cases of appendicitis each year in the U.S. It is most common in people between the ages of 10 to 30 years, and you have a slightly higher probability of developing appendicitis if you are male.
If My Doctor Makes a Mistake While in the Hospital, Can I Sue the Hospital?
For the most part, hospitals are not responsible for a doctor’s medical malpractice if the doctor is not an employee of the hospital; most doctors are independent contractors and not employees. There are some exceptions, but it would be important to consult with a medical malpractice lawyer from Zinda Law Group to get a better understanding of whether your case is likely to be a successful one.
What to Do After Multiple Appendicitis Misdiagnosis?
The best strategy after your appendicitis was misdiagnosed multiple times is to consult with the medical malpractice lawyers at Zinda Law Group. If multiple surgeons misdiagnosed your appendicitis, then it is possible that you may be entitled to receive compensation from each healthcare provider, depending on their differential diagnosis and whether you can prove that they were guilty of negligence.
get help immediately from zinda Law lawyers today
After the devastating experience of a misdiagnosed appendicitis, it can be terribly frustrating when opposing parties and insurance companies try to take advantage of you while you are trying to recover or are grieving. The opposing side could have a team of attorneys working in their favor, and they will act quickly and aggressively to try and avoid liability. The best way to make sure you are treated fairly and receive the maximum compensation due to you is to hire an experienced Zinda Law Group personal injury attorney; our medical negligence lawyers have the knowledge, experience, and resources to help you.
contact zinda law group today
Zinda Law Group believes that a victim or a family who is suffering the repercussions from a misdiagnosed appendicitis should never have to worry about their ability to afford excellent legal representation. We offer 100% free case evaluations, so you will pay nothing unless we achieve a favorable judgment or verdict for your personal injury case; it’s our No Win, No Fee Guarantee
Contact us at (800) 863-5312 today to schedule your initial consultation with one of our personal injury lawyers. Let us learn more about your case and we will let you know how we can help.
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