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Failure to Diagnose or Misdiagnosis Could be Fatal
Failure to diagnose bacterial meningitis can be considered
malpractice and is often connected with a claim that the
doctor failed to properly identify or treat the illness. Any
injury that resulted from the doctor’s failure to provide the
appropriate treatment will be considered in determining
malpractice and damages. Many city and state health codes also
require doctors to inform those in close contact with the
meningitis patient that they are at risk for contracting the
disease. Doctors are also expected to administer early
antibiotic treatment to prevent such exposure.
A study conducted by the Physician Insurers Association of
America that breaks down the areas in which pediatric
malpractice suits are occurring, shows that the most common
pediatric malpractice cases involve the alleged delay of the
diagnosis of meningitis and meningococcal infection. These
lawsuits also involve allegations associated with a delay in
hospitalization and failure to recognize a complication of
treatment.
“Claims involving meningitis are both the most frequent and
expensive for this specialty and account for over 22 percent
of the total indemnity paid,” the report states, “with an
average indemnity payment of $399,500 on 44 closed paid
files.”
Some of the damages a plaintiff can claim in bacterial
meningitis malpractice claims depend on the kind of injuries
caused by the doctor’s actions. In fatal cases, lost future
earnings may be considered as well as loss of consortium, in
other words, the emotional-and social loss to the family of
the deceased. In case of long-term disabilities such as
paralysis, brain damage, hearing loss or amputation of limbs,
medical expenses may be covered as part of damages.
You may be entitled to damages if your physician refused to
see you in a timely manner; if your doctor refused to do the
necessary diagnostic tests or simply failed to do those tests;
or if the doctor did not give you the kind of treatment you
needed at the time.
If you or a loved one has suffered death or permanent health
damages as a result of bacterial meningitis,
call us for a review of your case and to
find out if you have a viable medical malpractice claim.
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