Misdiagnosis of Gas Turns Out to Be Massive Tumor

How would you feel if the negligent actions of your doctor were responsible for irreversible damage to your body? That was the predicament in which 33-year old fashion blogger Chante Burkett recently found herself. It started in December of 2020, when Burkett began to experience symptoms like severe pelvic pain, vomiting, and a semi-hard stomach. At first she chalked the symptoms up to a result of eating something bad; when the symptoms persisted, however, she notified her doctor about the pain she was experiencing.

No matter how many times Burkett expressed her pain and symptoms, her doctor brushed her off, claiming that her weight was the source of the problem. By her third visit, the doctor finally admitted to Burkett that they were not sure what was behind her pain.

Deciding to take matters into her own hands, Burkett went right to an urgent care center. The urgent care center decided to do for Burkett what her doctor failed to do: run a CT scan. The CT scan revealed the presence of a mass, and after a visit with her OB/GYN the real problem was identified. There was a 13-pound tumor growing inside of her.

Thankfully, Burkett was able to have the tumor surgically removed; however she also lost her fallopian tube and right ovary. Although the surgery and her recovery turned out well for Burkett, her tumor could have been discovered much sooner if her doctor had paid more attention to her symptoms and run appropriate tests.

What is the definition of medical malpractice?

Medical malpractice is a form of negligence committed by a healthcare professional. Doctors and medical staff commit malpractice when they fail to perform their duties according to the professional standard set by his or her industry.

To prove that a healthcare professional breached the “standard of care,” you and your attorney must prove four elements

• The existence of a doctor-patient relationship
• The negligent actions of the doctor
• How the negligent actions of the doctor led to the patient’s injury
• The specific damages and losses caused by the injury

How do you prove medical negligence?

Dissatisfaction with one’s medical services does not make a medical professional liable for medical malpractice. To prove negligence on the part of the medical professional, it must be proven that the medical professional caused harm to the patient in a manner in which a competent medical professional would not have.

A factor often at the heart of every medical malpractice case is whether the medical professional exhibited reasonable skill and care with the patient. To help determine this in a court of law, many attorneys retain a medical expert to discuss what qualifies as the medical standard of care and how the medical professional deviated from that standard.

What is failure to diagnose?

One common form of medical malpractice involves the failure to diagnose. In fact, a majority of medical malpractice lawsuits stem from the misdiagnosis or the delayed diagnosis of a medical condition, illness, or injury. The failure of the medical professional to properly diagnose a patient’s condition can lead to severe consequences for the patient. Incorrect treatment, a delay in treatment, or not treating the patient’s condition at all can make the patient’s condition worse.

In Chante Burkett’s case, her doctor’s failure to properly diagnose the tumor inside of her over the course of six months is a testament to how detrimental a diagnostic error can be for a patient.

What is improper treatment of a patient?

Another form of medical malpractice involves improper treatment. When medical professionals treat patients in a manner that a competent medical professional would not, that is a form of improper treatment. The actions of Burkett’s doctor could potentially provide grounds for a medical malpractice claim. No matter how many times Burkett expressed that she was in pain, her doctor failed to run a CT scan to identify other sources for her pain. A visit to another local medical professional secured her the care she needed.

How does medical negligence lead to patient harm?

Another element to prove in a medical malpractice case involves how the negligent actions of the doctor led to the patient’s injury. Again, it can be argued that the actions of Burkett’s doctor were the leading cause of Burkett’s injury. The doctor’s failure to properly diagnose Burkett’s tumor in the time span of six months allowed the tumor to grow to 13 pounds. Once the tumor was discovered by urgent care, the pain became so intolerable that Burkett had to have the tumor removed immediately.

Doctors are expected to provide their patients with a certain level of care. When they fail to provide that care, it can lead to Maryland medical malpractice lawsuits. If you or a loved one suffered harm from medical negligence, call Plaxen Adler Muncy, PA at 410-730-7737, or complete a contact form to schedule a consultation with a member of our team. We have multiple offices in Maryland to better serve you.