Pancreatitis is Serious, and Failing to Treat it is Malpractice

John Fisher
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Stopping Medical Injustice

The pancreas is a gland that which aids intestinal digestion and releases hormones into the blood.  When the pancreas becomes inflamed, one has what is called pancreatitis.  There is more than one type of pancreatitis.

Acute pancreatitis is marked by stomach pain, fevers, increased heart rates, vomiting, etc.  Chronic pancreatitis will cause weight loss in addition to the symptoms associated with acute pancreatitis.  Other symptoms include pain, chills, confusion, headaches, and fatigue.  If you are experiencing these symptoms, please consult a medical professional right away. 

Either type is typically caused by alcohol abuse, gallstones, abdomen injuries, infections, the use of certain medicine, and even by abdomen injuries.  Hereditary factors can also increase ones likelihood of falling ill to pancreatitis.  

Experienced medical malpractice attorneys are aware of this condition and they are also aware that misdiagnosis rates have reached over 40% in some research studies.  The possibility of some people going undiagnosed until autopsy has been all too real. 

Medical professionals are trained in detecting pancreatitis through physical exam and through laboratory testing.  Doctors are trained to follow proper diagnostic protocols when examining a patient; but cases exist where the proper standards weren’t followed. 

There are two approaches to holding medical professionals accountable for the harm suffered due to negligent medical care.  Theories in medical malpractice allow recovery for: 1) misdiagnoses that which caused additional harm to the patient; the harms can be the pain of undergoing procedures that weren’t necessary, for example.  2) And a failure to diagnose a patient that which made the condition worse than it would have been had the patient received a timely diagnosis.

In short, if your pancreatitis was initially misdiagnosed, untimely diagnosed, or not diagnosed at all, you might have a valid claim founded in medical malpractice.  Contacting an experienced medical malpractice attorney is essential to your gaining compensation. 

The statute of limitations in New York requires that plaintiff-patients commence civil litigation against the offending doctor within in 2 ½ years after the date of the negligent act or from the date of the patient’s last doctor’s visit that which related to the negligent act. 

Assuming that the statute of limitations is satisfied, a successful claim will require proof of: a doctor-patient relationship; an existing duty owed by the doctor to the patient; proximate causation that which led to injuries suffered by the patient; the existence of damages. 

Satisfying all of these elements is necessary and expert testimony will be required in order to do so adequately.  Once all of this is complete, the jury can be given the opportunity to compensate the plaintiff for compensatory damages.  Even punitive damages are available in the most egregious cases. 

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

 

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