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Breaking Down the Legal Process: Steps in Pursuing Flu Misdiagnosis Claims

If you suffered harm after a flu misdiagnosis, you may deserve compensation. Our medical malpractice lawyers can break down the legal process and help you pursue a claim or personal injury lawsuit.

Legal Steps to Take When Pursuing a Flu Misdiagnosis Legal Claim

If you believe a doctor gave you the wrong diagnosis when you had the flu (or diagnosed you with the flu when you had another condition), and you suffered harm as a result, take the following steps to build and protect your claim:

Get a Second Opinion

Another healthcare professional can ensure you receive a correct diagnosis and help you get the medical treatment you need.

Keep Track of All Your Records

Keep your medical records in a safe place. These can help us prove that the medical professional failed to diagnose you properly. 

Keep copies of any medical bills or invoices related to your wrong diagnosis, including documentation of any unnecessary or harmful treatments. You should also keep track of any other out-of-pocket expenses related to the incorrect diagnosis, including missed paychecks. This will help us determine the value of your case.

Consider Hiring a Medical Misdiagnosis Lawyer

Un Abogada de lesiones personales de KJT Grupo de Derecho can help you build a medical misdiagnosis compensation claim or lawsuit. We have a network of medical professionals who can establish that your doctor failed to uphold the industry’s acceptable standard of care when diagnosing you. Our legal professionals will also establish that this failure caused you to suffer damages. 

These elements are integral to a medical malpractice case.  

Act Quickly to Preserve Your Right to Take Legal Action

You must act quickly to avoid missing legal deadlines. In California, you have three years from the date of your injury (or one year from the date you discovered your injury) to file a medical malpractice lawsuit, per CCP § 340.5. This may seem like a long time, but it can take months or even years to build a solid foundation for a medical misdiagnosis case. 

Don’t leave anything to chance; get help from a personal injury attorney today.

Consequences of Flu Misdiagnosis

The consequences of a flu misdiagnosis vary by situation and by person. In some cases, a doctor misdiagnoses someone with the flu, but the patient doesn’t suffer harm. In others, serious harm occurs.

Consequences When Doctors Misdiagnose the Flu as Another Illness 

Según el Centros de Control y Prevención de Enfermedades (CDC), potential flu complications can include:

  • Pneumonía 
  • Ear infections
  • Sinus infections
  • Inflammation of the brain (encephalitis), heart (myocarditis), or muscle tissues (myositis, rhabdomyolysis)
  • Organ failure (specifically respiratory failure or kidney failure, which can be fatal)

In some cases, if the flu virus infects the respiratory tract, an extreme inflammatory response can occur. This could lead to sepsis, a life-threatening reaction to infection within the body. 

Según el CDC, the flu can also worsen pre-existing conditions, such as asthma, congestive heart failure, or diabetes. 

Consequences When Doctors Misdiagnose Other Illnesses as the Flu

Doctors can also misdiagnose symptoms of another condition as flu-related. Some of the complications this can cause include: 

  • Pneumonía
  • Hearing loss, coma, permanent brain damage, or even death, which can occur if a doctor misdiagnoses bacterial meningitis as the flu. 
  • Infection of the heart, joints, and the nervous system, which can occur with untreated Lyme disease. It can also cause facial palsy, inflammation of the brain and spinal cord, pain, and heart palpitations. 

Why Doctors Often Misdiagnose the Flu

Medical professionals often misdiagnose the flu because the same symptoms can present in many other medical conditions. There are tests available to diagnose the flu, which doctors should use if they are having trouble determining whether you have the flu or another similar illness. 

Symptoms of the flu that may overlap with other conditions include:

  • Fever
  • dolor de cabeza
  • náuseas y vómitos
  • Lack of appetite
  • Sleepiness
  • Chills
  • Congestion or cough 
  • Body aches
  • Sore throat
  • Swollen lymph nodes

This could lead medical providers to wrongly diagnose you with the flu instead of: 

  • The common cold 
  • Pneumonía
  • COVID-19
  • Lyme disease
  • Adenovirus
  • Mono
  • Measles or mumps
  • Whooping cough
  • HIV
  • RSV

Get Help from a Medical Misdiagnosis Lawyer

If a flu misdiagnosis caused you or a loved one to suffer health complications (or if you lost a loved one due to misdiagnosis), our dedicated team can help you build a case against the negligent healthcare provider who made a medical error. We will help you get an accurate diagnosis and fight for financial compensation for your misdiagnosis.

We will handle your medical malpractice claim or lawsuit with no upfront fees. You only pay us if you recover compensation for your losses. Contact us today for a free consultation: (818) 507-8525

We Will Fight For You

Contact our firm to get started.
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