A client of ours was misdiagnosed with a sexually transmitted disease known as Human Papillomavirus (HPV), which she did not test positive for on the preceding year.  The fact of the matter is, that the patient/client with not infected with a sexually transmitted disease and was perfectly fine, although several weeks had gone by before a determination that this was a misdiagnosis had passed. During that time of misdiagnosis, the client who was married, obviously knowing she never cheated or did anything she could contract a sexually transmitted disease, was accusing her spouse of committing adultery.  Obviously in this situation our client was in no way physically harmed by this medical malpractice or medical negligence, which is what a misdiagnosis is. But was in fact damaged mentally, emotionally and there is a good chance her relationship may never survive this happening. The simple fact is when you’re doctor tells you something, you take it as gospel, kind of like it’s being handed down to you from God. Although everyone should be getting a second opinion on anything serious, most people simply believe with the doctor tells them. In this particular situation the doctor was not at fault, in fact the company that performed the test that was administered and given to them by the client gynecologist actually caused the mistake. So in this situation there was no doctor or nurse that was involved in the medical malpractice, it was in fact a third-party medical technology company that performed the tests which was the actual cause of the misdiagnosis of having a sexually transmitted disease.

This situation, although not resulting in any form of actual harm physically coming to our client, it does demonstrate when even people who you do not think of as medical professionals such as third-party professionals that perform testing that doctors and nurses rely on to give you a diagnosis of your medical condition, can also be found guilty of medical malpractice. It’s not always the case that a doctor or nurse is guilty of medical malpractice, many times it is third party companies that medical professionals rely on that perform testing services to diagnose conditions of their patients. Also a pharmacist is a third-party medical professional who even if your doctor prescribed you the right medication could do to malpractice or negligence give you the wrong medication. If that is the case you simply cannot sue your doctor, as they prescribed the right medication, but is not their duty to fill that prescription in that case the mess filling a prescription is the problem of the pharmacy, not the prescribing physician. This blog was just to demonstrate how medical malpractice or negligence can occur and no doctor or nurse has anything to do with the situation.
Joseph F. Botelho, Esq.

Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688

Email: jbotelho@botelholawgroup.com


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