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rebeldawg36

Nurse Practitioner misdiagnosed condition

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Before I ask my question, a little back ground. I'm currently in a workers comp case and was denied benefits because of what the NP diagnosed me with. I have, however,  been correctly diagnosed and getting treatment.

 

My question is this, can a Nurse Practitioner over ride a Doctor and the Doctors diagnosis and recommended referral? Also, the Doctor diagnosed me with a slipped disc. The NP diagnosed me with sciatica and scoliosis. Neither of which I actually have. Also, the NP did not order anything but xrays at his office to base his diagnosis on! It took me 25 days after seeing the NP to get in to see another physician, medication for the pain I'd been suffering with for over 3 months , new aches and pains from the misdiagnosis and finally got an MRI to confirm the original Doctors diagnosis of a slipped disc.

 

Are the actions of the NP considered neglect or malpractice? I'm a little puzzled as to the 4 d's in a malpractice case.

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12 hours ago, rebeldawg36 said:

Are the actions of the NP considered neglect or malpractice? I'm a little puzzled as to the 4 d's in a malpractice case

 

In a medical malpractice case, the plaintiff generally has to show 4 basic things:

--that there was a duty of care owed from the medical professional to the plaintiff

--that the medical professional breached the duty of care

--that the breach of the duty caused injury to the plaintiff

--that the plaintiff was injured

 

In your post, you say that the nurse-practitioner diagnosed you with conditions that you did not have, and you say that the nurse-practitioner based his/her decision only on the results of x-rays. 

 

For those facts to establish the second element of a malpractice claim (breach of duty), you'd first have to establish what the relevant standard of care is -- which is typically done through expert witness testimony.  A standard of care in a medical malpractice context is the generally accepted practices and procedures for medical professionals in the same field of practice in the same general geographic area regarding patients who are suffering from a particular condition, taking account of other relevant factors (for example, the standard of care for a teenager with a particular issue might be different than the standard of care for an elderly person with the same issue).  You'd then have to prove that the testing or diagnosis or both failed to meet the standard.

 

The fact that your nurse-practitioner's diagnosis was wrong doesn't necessarily mean that the nurse-practitioner failed to meet the standard of care, although that is certainly a possible conclusion.

 

 

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14 hours ago, rebeldawg36 said:

My question is this, can a Nurse Practitioner over ride a Doctor and the Doctors diagnosis and recommended referral?

 

Can these thing happen?  Almost certainly yes, but it's not really clear what these things mean.

 

 

14 hours ago, rebeldawg36 said:

Are the actions of the NP considered neglect or malpractice?

 

I have no idea, and any opinion anyone here might give you based on 3-4 sentences of information will be inherently unreliable.  If you want an assessment of a malpractice case, consult with a local medmal attorney.

 

 

14 hours ago, rebeldawg36 said:

I'm a little puzzled as to the 4 d's in a malpractice case.

 

Right there with ya.  Never heard of "the 4 d's in a malpractice case."  As noted in the prior response, the four basic elements of a malpractice case (or any negligence case) are duty, breach of duty, causation and damages.  Apparently someone at some point tweaked these elements so that they all start with the letter "D," (substituting "dereliction" for "breach" and using the term "direct cause") but that just seems silly.

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To answer MiddlePart first, I had a diagnosis prior to seeing  a NP of a slipped disc and a referral to a neurologist. Because this is a work related injury, workers comp carrier decided that I needed to see their "doctor". This "doctor" turned out to be a Nurse Practitioner. The NP, under Tennessee Workers Comp laws, cannot make a Causation Opinion. Had the NP listened to the doctor's diagnosis and followed through with the referral, instead of trying to prove that he knew more than a doctor, state that my injury wasn't work related and that I do not need to see a neurologist and that this statement caused further medical treatment to be delayed. 

 

As PG1067 has explained, the wording makes a difference on how something is explained and perceived by someone. I have spoken with an attorney on this subject and have a consultation with him/her this afternoon.

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