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Medical Malpractice Lawyer Receives Misdiagnosis

March 2, 2018  ·  By HM&M

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b2ap3_thumbnail_MRI-Image.jpgAs recently discussed in The Boston Globe, new research confirms the deadly toll of medical errors in the United States. After heart disease and cancer, mistakes by medical providers are the third-leading cause of death in the US, claiming over 251,000 lives every year, according to a study published in 2016 in the journal BMJ.

While hospitals have taken steps to try to reduce mistakes, physician failure to diagnose conditions, misdiagnosis of conditions, miscommunication and the failure to accurately communicate test results continue to result in needless suffering and death of patients in America. The risk of mistakes is greatest in situations where the physician never meets the patient and doesn't know the patient.

Victims of medical mistakes can include physician patients—HM&M represents several physicians injured due to medical malpractice – as well as lawyers who know about what can go wrong in a hospital. One such victim is our friend Michael Mone of Boston, a top trial lawyer who has spent his life representing victims of medical malpractice.

In the summer of 2015, Michael complained of pain in his back and leg while at a law conference. At first he thought the pain was from a minor injury, but when the pain persisted he called a physician friend who recommended that Michael undergo an MRI. The MRI result was devastating—it showed that Michael had a metastatic tumor of the spine, which had spread from a tumor of the kidney.

Michael remembered that in 2009 he had undergone an MRI of the kidneys which physicians at that time reported to Michael as being “normal.” When new physicians in 2015 reviewed the 2009 kidney MRI, they saw clearly that it was not “normal”—it showed a malignant growth in the kidney. Michael's cancer could have been treated successfully if the physicians had properly read the 2009 MRI and diagnosed his kidney growth. Instead, allowed to grow and spread without treatment for 6 years, Michael's cancer was untreatable and terminal. He was a clear victim of medical malpractice.

At first Michael resisted pursuing a lawsuit. He wasn't in need of money and he didn't want to spend whatever time he had left fighting in court. However, he decided to file a medical malpractice claim because he felt that it was important for the negligent physicians and the hospital that failed to diagnose his cancer in 2009 to know they had made a grave error, and hopefully lead them to change their procedures.

According to the United States Agency for Healthcare Research and Quality, the best way you can help to prevent medical errors is to be an active member of your health care team—take part in every decision about your health care. Research shows that patients who are more involved with their care tend to get better results.

A recent report regarding medical malpractice in the U.S. estimated that diagnostic errors by physicians and hospital employees resulted in “serious permanent damage” or “immediate or inevitable death” in up to 4 million Americans annually. (Newman-Toker, 2019, p. 227).

A recent study showed who is most likely to be affected

  • Average age: 49
  • Female: 51%

The three most commonly misdiagnosed diseases, which represent 75% of the serious misdiagnosis-related harms, are:

  • Vascular events – stroke, clots, and hemorrhages/bleeds
  • Infections
  • Cancers

The medical specialties involved in a significant amount of the medical errors studied in the report include (1) internal medicine; (2) emergency medicine; (3) neurosurgery and neurology; (4) family medicine; and (4) radiology. “Most clinical failures occur right at the bedside assessment.”

According to the United States Agency for Healthcare Research and Quality, the best way you can help to prevent medical errors is to be an active member of your health care team—take part in every decision about your health care. Research shows that patients who are more involved with their care tend to get better results.

Have you or a loved one been harmed by misdiagnosis or medical malpractice? The attorneys at Hurley McKenna & Mertz are dedicated to representing victims of medical malpractice, and bringing change to the health care industry to prevent unnecessary injuries and deaths due to preventable medical errors. If you or a family member have been a victim of medical malpractice and need help or have questions, call us at 312.553.4900.

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