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Free ConsultationThanks to recent advances in medical research, the appendix is no longer considered a vestigial organ; it is now believed to play an important role in repopulating the large intestine’s gut flora after an infection or other adverse event. However, appendicitis—inflammation of the appendix caused by internal infection, particularly common in young people between 10 and 30 years of age—is still a serious medical problem that can even be fatal if left unaddressed for too long, which is why appendectomies are still fairly common and largely safe surgical procedures in modern hospitals.
Conversely, if a medical professional fails to properly diagnose a patient’s appendicitis despite having enough information to reasonably do so, they can cause their patient to suffer serious and potentially life-threatening harm through their misconduct. This is exactly the kind of scenario that experienced medical malpractice attorneys know how to take proactive legal action over, so if you were hurt because your doctor failed to diagnose and treat you properly in this way, you should make contacting a Philadelphia appendicitis misdiagnosis lawyer from Lowenthal & Abrams one of your top priorities.
Proving a Misdiagnosis Was a Breach in the Standard of Care
While no doctor is perfect, just like no other human being is, every licensed physician is expected to meet a standard of care with every patient, which entails them acting with the same skill and consideration that any equally qualified physician would demonstrate under the same circumstances. In the context of appendicitis misdiagnosis, it is reasonable to expect physicians to know what the early warning signs of an infected appendix are, to perform specific tests and exams to determine whether appendicitis is occurring, and to recommend appropriate action—potentially including surgery—to correct the issue and protect their patient’s wellbeing.
Of course, civil courts will not just take a patient’s word for it that a doctor injured them specifically by acting unprofessionally compared to their colleagues. In fact, state law requires prospective malpractice plaintiffs to file a certificate of merit along with their complaint, which affirms that at least one qualified medical expert believes their case has merit—one of many legal roadblocks that a Philadelphia appendicitis misdiagnosis attorney can help navigate around.
What Deadlines Apply to Appendicitis Malpractice Claims?
Legal counsel can also play a key role in constructing a lawsuit over appendicitis misdiagnosis in Philadelphia as quickly as possible after it occurs. This is crucial not only to ensure important evidence is still available by the time the lawsuit is filed, but also because of the filing time limit set by the “statute of limitations.”
Under 42 Pennsylvania Consolidated Statutes § 5524, a person injured through someone else’s negligence—including a healthcare provider’s professional malpractice—typically has two years at most to file suit after initially sustaining harm. However, this deadline can be extended slightly under very specific circumstances, which a qualified lawyer can go into further detail about during a confidential consultation.
Discuss Legal Options With a Philadelphia Appendicitis Misdiagnosis Attorney
Appendicitis can be treated effectively and fairly safely if a qualified medical professional identifies it quickly enough after it begins. Unfortunately, not every healthcare provider fulfills the standard of care they owe to all their patients at all times, which sometimes leads to eminently treatable conditions like this being allowed to get much worse for no reason.
If you or a loved one were harmed because your doctors failed to identify and treat appendicitis quickly enough, a Philadelphia appendicitis misdiagnosis lawyer can help you demand financial restitution for the harm this malpractice has caused you. Call Lowenthal & Abrams today to set up a meeting.
