You can sue if you were misdiagnosed with Lupus and suffered injury or damages. However, these cases are complicated and difficult to prove.
While a lupus misdiagnosis claim is challenging to prove, it is not impossible. With the help of our experienced medical malpractice lawyers, you can successfully sue for the compensation you need.
What Is Medical Misdiagnosis of Lupus?
Physicians are human, medicine is science—and neither is perfect. Because of that, doctors are not required or expected to be perfect when diagnosing a patient. However, under the law, they must perform their duties with a high standard of care.
In other words, if a doctor misses a diagnosis, and another physician with the same or similar experience and skill would have likely made an accurate diagnosis under similar circumstances, the law considers this medical malpractice.
Misdiagnosing any medical condition, including Lupus, can lead to improper treatment, worsening symptoms, creating new ailments, and even death.
Proving Medical Malpractice
You must prove four elements in Missouri for your medical malpractice claim to succeed.
You must establish the following:
- Duty of care. You must first show a doctor-patient relationship existed and the doctor owed you a duty of care.
- Breach of duty. You must next show the doctor breached their duty of care by deviating from the accepted standard of medical care. In other words, another healthcare professional in a similar situation would have done something different.
- Causation. You must show that the doctor’s breach of duty or mistake caused your injury.
- Damages. Lastly, you must prove that you suffered damages or losses from your injury. You may not be entitled to compensation if you are injured but suffer no tangible loss.
Proving these elements is challenging with no legal expertise. So it is best to leave it up to the professionals to give you the best chance of success.
If you successfully prove your case, you may be entitled to damages for:
- Past and future medical expenses,
- Lost wages,
- Pain and suffering,
- Emotional turmoil, and
- Loss of enjoyment of life.
Importantly, you must abide by the statute of limitations or the time frame to initiate your case.
In Missouri, you generally have two years from the date of injury to file your complaint for a medical malpractice claim. However, medical malpractice claims are complex, and there are exceptions to the general rule. We encourage you to consult an attorney immediately to preserve your rights.
Signs and Symptoms of Lupus
The signs and symptoms of Lupus can vary widely among individuals. Common signs and symptoms of Lupus include:
- Joint and muscle pain,
- Skin rashes,
- Chest pain,
- Kidney problems,
- Sensitivity to light,
- Weight loss,
- Hair loss, and
- Mouth sores.
Unfortunately, these symptoms can also be an indicator of a multitude of other injuries or illnesses. This can make diagnosing Lupus tricky.
Diagnosis of Lupus
Typically, doctors will perform several blood tests on a suspected lupus patient. They then assess whether the patient exhibits four of these 11 symptoms to meet the specific criteria necessary to diagnose Lupus.
Misdiagnosis of Lupus
Unfortunately, misdiagnosis is not uncommon because Lupus’s warning signs and symptoms are not disease-specific.
Many signs and symptoms could be attributed to other autoimmune diseases or illnesses, such as Lyme disease or chronic fatigue syndrome. But if left undiagnosed or untreated, Lupus can lead to anemia, seizures, inflammation, organ failure, and even paralysis.
How to Tell if Lupus Is Misdiagnosed?
It can be difficult to tell if Lupus is misdiagnosed, even for experienced medical professionals, because so many of its symptoms can be attributed to other illnesses.
If you suspect you were misdiagnosed or undiagnosed with Lupus, you should continue to advocate for yourself medically and speak with a seasoned medical malpractice attorney.
Lupus Misdiagnosis Lawyers
At Dempsey Kingsland & Osteen, we are client advocates with over 20 years of extensive litigation experience. We are fearless in taking on even the biggest insurance companies.
If you or a loved one was misdiagnosed with Lupus, you should not have to suffer the physical, emotional, and financial ramifications alone. Our team of experts is ready to help.
Contact us for a consultation at your convenience.