A misdiagnosis that enabled doctors to completely whiff on efforts to even recognize a woman’s dangerous condition resulted in her symptoms worsening significantly and to her winning a $28.9 million medical malpractice lawsuit.
We’ll talk about the case in this issue.
The Case at a Glance
The victim was pursuing her doctorate degree in physical therapy when she visited her doctor, who specializes in internal medicine. The victim was complaining of panic attacks, insomnia, fatigue, tremors and other symptoms.
Accompanied by her mother during the visit, the victim insisted upon an MRI exam but the doctor refused. Instead, the doctor maintained that the cause for the symptoms was the victim’s depression, and adjusted the medication the victim was already using to treat depression.
For the next 5 months, the victim’s condition worsened, and she and her mother continued to ask the doctor for an MRI.
The doctor finally agreed to order an MRI, and the results showed severe onset of Wilson’s disease, a rare condition that is inherited and causes too much copper to collect in the liver, brain and other organs.
How The Jury Ruled
If treated and diagnosed early, patients with Wilson’s disease can lead relatively normal lives. In the case described above, however, the jury ruled that the hospital was negligent in failing to order an MRI and neurological testing in a timely manner and failing to go over the victim’s medical history.
The jury ruled that the delay in treatment led directly to the worsening of the victim’s condition. She now has severe brain damage and has to be fed through a tube.
The $28.9 million award is broken down like this:
- $21 million for future medical damages
- $3.2 million for future economic damages beyond medical expenses
- $3.2 million for future non-economic damages
- $1 million for past non-economic damages
- $511,000 for past economic damages – including previous medical bills
The Frequency of Misdiagnosis
In spite of doctors being trusted to understand and recognize conditions and diseases, and to prescribe the appropriate treatments, misdiagnosis is one of the most prominent forms of malpractice in the medical world.
In fact, 30%-40% of malpractice deaths stem from misdiagnosis or failure to diagnose.
If You Experience Medical Malpractice, Call The Fitzgerald Law Firm
We have great respect for those who serve in the medical community. However, we’re aggressive and relentless in making sure that those who have been victimized by medical malpractice are made whole again.
If you feel that you are a victim of medical malpractice, we welcome the opportunity to speak with you. Contact the Fitzgerald Law Firm today for a free consultation.
Our number is 800-323-9900.