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Episode 85: Emergency Department Malpractice

1 in 18 patients receive an incorrect diagnosis in hospital emergency departments, according to a troubling new government report published by the United States Department of Health and Human Services Agency for Healthcare Research and Quality.  This translates into more than 7 million incorrect diagnoses each year.

The study entitled “Diagnostic Errors in the Emergency Department” found the number one seriously misdiagnosed condition was stroke.

Reviewing the top 10 most misdiagnosed conditions, five are related to brain injury and brain damage.  In addition to stroke being the leading misdiagnosed condition, meningitis and encephalitis, traumatic brain injury, traumatic intracranial hemorrhage, and arterial thromboembolism were included in the top 10 conditions.

Stroke according to the study is missed 17 % of the time. 

Symptoms of dizziness or vertigo increased the odds of misdiagnosis when compared to patients found to have motor signs and symptoms. 

Additional factors which increased the chance of a missed stroke diagnosis were the age of the patient.  Younger age increased the risk of missing a stroke by over 6.7 times. 

The root cause of most diagnostic errors in the emergency department were linked to cognitive errors in bedside diagnosis, failure to timely order diagnostic studies, and errors in test interpretation. 

Emergency personnel need to listen to a patient’s complaints, carefully perform an examination, order tests to rule out the most serious life-threatening conditions, and appropriately understand the results of tests taken.

Headaches, dizziness, nausea, vomiting are all troubling symptoms which require careful attention and consideration.

When discussing misdiagnosis of brain injury and brain damage,” time is brain”, with misdiagnosis frequently leading to disastrous consequences.

The law in many states recognizes the loss of the chance for a better outcome as the basis of a medical malpractice action

When a stroke is suspected, a CT scan should be immediately taken to rule in or rule out this condition, with timely medical treatment including the use of clot dissolving medication, tPA and surgical care to remove the clot.

In meningitis and encephalitis, spinal taps, CT scans, and MRI studies are necessary to making a correct diagnosis, with the need to institute timely treatment when a diagnosis is made. 

When a severe headache often described by a patient as “the worst headache of my life” is made, then an intracranial hemorrhage must be immediately ruled out by a rapid CT and MRI study with rapid surgical intervention if the result is positive.

If you suspect medical or hospital malpractice caused diagnostic errors and a poor outcome, it’s important to consult with an experience malpractice attorney without delay

The first step in the process will be your attorney obtaining your entire hospital record and test results and working with a trusted medical professional to determine if the emergency department and the medical providers departed from good and accepted medical practices and decision making.

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