How to achieve an appendicitis malpractice settlement

An appendicitis misdiagnosis only qualifies as medical negligence or malpractice if the doctor or hospital system failed to provide the minimum standard of what’s expected of them. Any time they are on the job, a medical practitioner has an assumed duty to provide reasonable care to their patients. In a case where a doctor was trying to determine if a patient had appendicitis, this would typically include running diagnostic tests like a CT scan. In some cases, a doctor may even elect to perform surgery without a firm diagnosis, due to the serious consequences of inaction. Since the appendix doesn’t perform any function in the digestive system (that scientists know of) its premature removal can be a smart decision.

In general, to show that your appendicitis misdiagnosis rises to the level of medical malpractice, your case will need the following four elements:

Duty:

It must be clearly shown the defendant had a duty or an obligation. In a medical malpractice situation, the attending medical professionals have a moral duty of care that is a part of their profession.

Breach:

It must be proven that the defendant fell short of the expectations of their duty. This may include failing to perform standard diagnostic tests or not taking proper care during an appendectomy.

Causation:

A causal link must be made between the harm suffered and the breach of duty. In other words, your pain and suffering following a bout of appendicitis must be related to your delay in treatment, not simply the illness itself.

Damages:

The damages being sought must be directly related to the harm caused. Examples of relevant damages include the costs of additional or long-term medical care, lost wages and superannuation and additional payment for emotional trauma.

Finding evidence that establishes each of these points and presenting it clearly, in either mediation or court, can be challenging. Working with a solicitor that’s knowledgeable in medical malpractice law can ease some of this burden while you recover from the ordeal you’ve undergone. A lawyer can collect the necessary information from your diagnosis and treatment process and find medical experts who can back up your claims of negligence. Expert testimony is one of the key ways that legal teams establish the norms of duty of care and prove causation.