Fibromyalgia is a chronic disorder that causes a complex array of symptoms, including ongoing pain. Early detection can help people with fibromyalgia better manage their condition and improve their well-being, however. Unfortunately, doctors often ignore the signs and symptoms of fibromyalgia, causing their patients to endure prolonged suffering, physical and emotional limitations, and unnecessary medical interventions. If you suffered harm due to a doctor’s failure to diagnose fibromyalgia, you have the right to seek compensation, and it is prudent to meet with a lawyer as soon as possible. The skilled Baltimore medical malpractice attorneys of Arfaa Law Group can assess the facts of your case to determine your potential claims and help you to seek the best legal outcome available under the facts of your case.
Signs and Symptoms of FibromyalgiaFibromyalgia is a chronic disorder characterized by widespread musculoskeletal pain, fatigue, sleep disturbances, cognitive difficulties, and mood disorders. People with fibromyalgia commonly report persistent pain, fatigue, memory problems, and tender points.
To diagnose fibromyalgia, doctors primarily rely on clinical evaluations, exclusion of other conditions, and assessment of the widespread pain index and symptom severity scale. Delayed or missed diagnosis of fibromyalgia can lead to increased symptoms and physical limitations, mental anxiety and depression, and unnecessary treatments. As such, the timely recognition and management of fibromyalgia is crucial.
Lawsuits Arising out of the Failure To Diagnose FibromyalgiaThe failure to diagnose fibromyalgia typically results in significant pain, reduced quality of life, and in many instances, an inability to earn an income. As such, people who suffered harm due to a doctor's failure to provide them with an accurate diagnosis will often pursue damages in medical malpractice lawsuits.
In most instances, a plaintiff in a malpractice lawsuit will argue that the defendant was negligent. In Maryland, a plaintiff asserting a negligence claim against a defendant must first show that the defendant owed them a duty. In the context of medical treatment, the duty owed is to provide care that meets or surpasses the applicable standard. The standard is defined as the level of care that a competent professional working in the same practice area would offer in a similar situation. The plaintiff must then demonstrate that the defendant breached this duty in some way. For instance, if the standard required a doctor to conduct diagnostic tests when a patient presents with widespread pain and the defendant failed to do so, it could be considered a departure from the standard of care.
Furthermore, the plaintiff needs to establish that the defendant's breach directly caused them to suffer quantifiable damages. Although the defendant's actions don't have to be the sole cause of the plaintiff's losses, they must be a significant factor in bringing them about. Additionally, the plaintiff must demonstrate that had it not been for the breach of the standard of care, they would not have suffered these losses.
In the majority of cases, the plaintiff will need to engage one or more medical experts to explain to the jury the applicable standard of care and how the defendant failed to uphold the stadard. Expert testimony will probably be necessary to establish a connection between the defendant's actions and the harm suffered by the plaintiff as well.
A plaintiff that establishes a defendant is liable for medical malpractice may be awarded damages for their economic harm, including the cost of any past or future medical care, lost wages, and out of pocket expenses, and compensation for the non-economic losses, like the pain, suffering, and mental trauma they endured due to the defendant’s negligence.
Speak to a Seasoned Baltimore AttorneyDoctors frequently fail to provide people suffering from fibromyalgia with an accurate diagnosis, despite the fact that it is a common condition. If you sustained losses due to a physician’s failure to diagnose fibromyalgia, you may be owed damages, and you should speak to an attorney. The seasoned Baltimore lawyers of Arfaa Law Group possess the skills and resources needed to prove that healthcare care providers should be held responsible for the harm they cause their patients, and if you hire us, we will fight to help you seek the results you deserve. We regularly represent people in medical malpractice lawsuits in Baltimore, where our office is located. You can contact us through our online form or by calling us at (410) 889-1850 to set up a meeting.