Managing Partner
Patients count on their doctors to detect signs and symptoms of a serious illness so they can receive the treatment they need. When a doctor ignores a clear warning sign, that is a strong indicator of medical malpractice.
However, proving your case requires more than simply showing that your doctor made a mistake. You will need to prove that the doctor’s error amounted to negligence. The Long Island medical malpractice attorneys of Dell & Dean, PLLC explain what you need to know.
What Signs Do Doctors Often Ignore?
Detecting an illness or serious medical complication starts with knowing and responding to the signs. But just seeing a doctor is no guarantee your physician will notice something wrong. Commonly ignored signs that victims in Long Island report include:
- Abrupt confusion or changes in personality: A patient who is suddenly confused or who displays an abrupt change in personality could have suffered a stroke, have an infection from sepsis, or have low blood sugar (which, for diabetics, may require emergency attention).
- Passing out: A patient who unexpectedly passes out may have suffered a neurological issue. Heart problems and internal bleeding are also potential culprits. Randomly passing out is not normal, so a doctor needs to look into it.
- Upper back pain: A doctor may not take upper back pain seriously at first, but it could indicate problems with the patient’s heart. A doctor should look closely at pain in the upper back or between the shoulder blades, especially if it is severe or unusual.
- Leg pain or swelling: If a patient has leg pain or there is swelling in just one leg (especially if there is also unexpected warmth or pain), this could be a sign of deep vein thrombosis. A blood clot can break free, travel to the lungs, and cause a fatal pulmonary embolism.
- Shortness of breath: Doctors should never ignore this sign, which could indicate a multitude of problems like asthma, bronchitis, pulmonary disease, and pulmonary embolism. Although ongoing conditions like obesity can cause shortness of breath, the doctor must not ignore it.
When Is Ignoring a Sign Considered Malpractice in Long Island?
Ignoring a sign or symptom can strongly indicate medical negligence, or malpractice, if another doctor in the same situation would have taken additional steps like ordering tests or referring the patient to a specialist. In other words, what would a reasonably competent doctor do?
The underlying analysis is whether the doctor’s oversight, mistake, or ignoring the sign was a departure from accepted standards of medical care. If so, the patient could have a medical malpractice claim. This departure from the accepted standard of care is more than a mistake.
Every doctor is susceptible to errors, and the law does not require medical professionals to never make a mistake. But if the error is unreasonable, the analysis is different. An expert witness can explain the applicable standard of care and whether the doctor breached it.
What’s at Stake for You
If your Long Island doctor ignored clear signs of a problem, and it caused you to develop a medical condition or it worsened one, you could incur substantial medical bills to treat the issue. This is on top of lost income from work, emotional distress, and other losses.
The good news is that the patient can seek compensation for these damages by pursuing a medical malpractice claim. It will be up to the victim to demonstrate, among other things, that the doctor’s mistake in ignoring the sign was unreasonable.
Did you or a loved one suffer medical malpractice, or are you unsure whether it happened? Call Dell & Dean, PLLC or complete our online contact form. We can review the circumstances of your case and then provide guidance as to your legal options.
