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Some diseases and illnesses share similar symptoms. For instance, many different medical conditions present symptoms such as coughing, fever, muscle aches, and fatigue. These flu-like symptoms do not always mean a patient has the flu. Doctors have a legal obligation to thoroughly examine patients, perform and correctly interpret diagnostic tests, and rule out other medical conditions before diagnosing a patient with the flu. Some serious medical conditions may have symptoms commonly seen in flu patients but require substantially different treatment. All medical providers have a legal duty to treat their patients at the level of care accepted by the medical community. When they breach this duty of care, they are liable for any damages to the victim or their family if the patient suffered an injury, a worsened medical condition, or death.
Influenza—or the flu—is a common viral infection that affects people of all ages. An individual may contract the flu at any time of year, but it’s more common during flu season in the fall and winter months. Symptoms that lead to a flu diagnosis include the following:
There are diagnostic tests that can definitively diagnose influenza, the most common of which are rapid influenza diagnostic tests (RIDTs) which deliver results within 15 minutes with fair accuracy rates. Even more accurate tests like rapid molecular assays take a little longer for results but provide a more definitive diagnosis of the flu.
Busy doctors may not order flu diagnostic tests but instead, diagnose a patient with the flu based on their flu-like symptoms alone, particularly during flu season or local outbreaks. Unfortunately, some serious illnesses misdiagnosed as flu include the following:
Less commonly, conditions like Rocky Mountain Fever, lung cancer, HIV, or toxic exposures may be misdiagnosed as flu. When serious medical conditions are misdiagnosed as influenza, patients do not receive the appropriate care. Deadly conditions such as sepsis and lung cancer can result in serious illness, diminished life expectancy, or death. In some cases, the common cold may be misdiagnosed as the flu, resulting in unnecessary prescription flu treatments.
Depending on the seriousness of a patient’s true illness, a misdiagnosis of influenza can have serious consequences due to delayed treatment for the real condition and unnecessary treatment for the flu. A flu misdiagnosis that results in a patient’s worsened medical condition or death is considered medical malpractice. Misdiagnosed patients commonly face economic damages as well as health consequences. A medical malpractice attorney in Phoenix can help recover damages such as medical expenses, future medical costs, past and future income loss, and compensation for pain and suffering. When a flu misdiagnosis results in death, family members may recover compensation in a medical malpractice wrongful death claim.
The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.
Bob L. - "Mr. Knapp helped me with decisions I did not know how to deal with until he gave me excellent legal and medical consultation."