Syracuse Personal Injury Law Blog
Medical professionals have an obligation to be diligent when diagnosing and treating patients. Unfortunately, this does not always happen and may result in a patient’s condition getting worse. If you or a loved one has been a victim of an HIV misdiagnosis, you may be able to pursue compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse misdiagnosis attorneys can review your case and help you navigate the legal process. You can rest assured we are here to answer your questions and address your concerns.
According to the Centers for Disease Control and Prevention, there were an estimated 37,000 new HIV infections in 2014. Human Immunodeficiency Virus (HIV) is a virus that is spread through certain bodily fluids and attacks the body’s immune system. Over time, HIV can destroy so many of certain cells that the body’s ability to fight off disease or infection is severely compromised. HIV is a lifelong condition with no cure, but the condition can be managed with proper medical care. An individual infected with HIV may or may not exhibit symptoms, which can lead to a delay in diagnosis and treatment. An HIV misdiagnosis can happen in a variety of ways, including a physician failing to carefully review the patient’s chart, blood test results being read wrongly and inaccurately conveyed to the patient, and initial test results being mixed up or labeled incorrectly.
For people who are not correctly diagnosed with HIV, the results can be devastating. Not only could they fail to get the treatment they need, but also they could unknowingly infect others with the virus. If your doctor missed a diagnosis or misdiagnosed you with HIV, you can likely file a medical malpractice claim against that physician. Medical malpractice occurs when a doctor causes harm because he or she fails to use the level of care that another doctor, with a similar background and training, would have used in the same situation. In order to win a malpractice claim, you must establish the following:
- A doctor/patient relationship existed;
- The doctor failed to use the appropriate level of care; and
- The doctor’s failure to use the appropriate level of care led to the HIV misdiagnosis and the patient’s resulting harm (i.e., a delay in the HIV diagnosis led to the patient’s immune system deteriorating).
In some cases, a malpractice claim can be based on the fact that a person is told they are HIV positive when, in fact, they are not. This could lead the person to start on medication he or she does not actually need, causing harm to their body. In addition, the person may have suffered psychological harm for which he or she may require ongoing therapy.
If you or someone close to you was misdiagnosed with HIV, you should promptly reach out to a skilled Syracuse misdiagnosis attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can investigate your claim and provide you with a realistic assessment of your options. With years of experience, we understand how to navigate these complex claims. For more information about your legal rights and options, feel free to call us at 833-200-2000 or contact us online.
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