Wrong Diagnoses Can Be Medical Malpractice


Acid reflux disease is a condition in which people experience heartburn or chest pain at least several times a week that which is caused by the lower esophageal sphincter’s failure to close properly, or when it opens when it should not.  The stomach acid that rises through the errant opening is what causes the pain and chest burning.

Acidy foods, spicy foods, obesity, smoking, carbonated beverages, coffee, and eating large meals are some causes of acid reflux.

You should be advised that experienced medical malpractice attorneys have seen instances in which a patient was mistakenly diagnosed as having acid reflux disease when the patient actually suffered from a different condition.  It is normal for conditions to worsen when left untreated.  Untreated conditions can cause additional pain and suffering, increased medical costs, and even death.  One can easily wonder if they would have had less trouble only if the doctor discovered the true condition right away.

A civil action founded in medical malpractice can remedy such a wrong.  Courts will consider: the increased suffering caused by the doctor’s failure to diagnose the patient; medical costs that which the patient would not have incurred had the doctor diagnosed the patient correctly; wages lost by the patient do to the negligence; the percentage in which the patient’s disease worsened by not receiving a timely diagnoses; and even can allow a jury to consider how the untimely diagnoses reduced the patient’s life span.

Calculating these losses is no easy feat.  For example, how does one quantify the monetary equivalent to having one’s chances of recovery reduced from 80% to 50%; how may pain and suffering be expressed in monetary terms; and how does one come up with the true loss of past and future income losses?

Experienced medical malpractice attorneys will have an economic expert analyze the plaintiff’s situation and explain to a jury as to the proper amount of damages that the plaintiff should receive in order to “be made whole again”.  Not only will an economic expert be used, but the experienced litigator will also use a medical expert to explain what the defendant-doctor did wrong and to explain what the doctor should have done differently.

If you have seen a physician recently and were diagnosed as having acid reflux disease, take note of the following common disorders often misdiagnosed as acid reflux:

  • Intestinal bacteria disorder
  • Chronic digestive conditions such as Crohn’s disease or irritable bowel syndrome
  • Heart attacks
  • Certain rare heart conditions
  • Among others

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.