According to the Centers for Disease Control and Prevention (CDCP), there are 18.4 million people in the United States who suffer from asthma. Asthma is a chronic respiratory condition that makes it difficult for a person to breathe. When an individual has asthma his or her airways narrow, swell, and cause excess mucus, which triggers coughing, wheezing, and shortness of breath. Asthma attacks may be triggered by a number of factors, such as allergies or excessive physical activity.
Types of asthma include:
- Exercise-induced bronchoconstriction (EIB) – This type of asthma is brought on by physical activity.
- Allergic asthma – This type of asthma may lead to excessive coughing as a result of the body’s response to foreign substances entering the body.
- Occupational asthma – This is caused by inhaling a potentially harmful substance while working.
- Childhood asthma – This causes chest tightness and a persistent cough. Many children are affected by this condition before age five.
Asthma is a condition that cannot be cured. Therefore, proper diagnosis and treatment are imperative to successfully managing the condition in order to avoid serious consequences. Failing to adequately treat this inflammatory disease can result in a life-threatening or fatal asthma attack.
Unfortunately, many individuals across the United States are victims of poor asthma treatment or misdiagnosis. The misdiagnosis of asthma occurs when:
- A clinician improperly diagnoses a patient with having asthma; or
- Fails to diagnose a patient with having asthma.
According to New York State law, a licensed clinician has a duty to adequately and timely diagnose and treat patients. A person that is misdiagnosed or is not diagnosed in a timely manner can file a medical malpractice claim. Medical malpractice occurs when a clinician breaches the generally accepted standard of care and, as a result, the patient was injured. A plaintiff must establish the following:
- A relationship existed between the clinician and the patient;
- The clinician failed to meet the generally accepted standard of care;
- The clinician’s failure resulted in a delayed diagnosis or misdiagnosis of asthma; and,
- The patient was harmed.
Using asthma medications on a patient that does not require treatment is just as harmful as failing to treat a patient that does require treatment. For this reason, the consequences of an asthma misdiagnosis or delay in diagnosis can be extremely harmful.
If you or someone you love has suffered from a preventable injury as a result of a delay in diagnosis of asthma and treatment or misdiagnosis and treatment of asthma, contact an experienced New York medical malpractice lawyer that will evaluate your case and advise you of your legal rights and remedies. Seeking the assistance of an experienced Long Island medical malpractice lawyer is vital in protecting your rights. Contact the dedicated, experienced attorneys at Levine & Slavit, PLLC for the representation you deserve. Call (888) LAW-8088.