Flu season is upon us and is in full force.  Couple that with this year’s H1N1 scare, or swine flu, and you’ve got a lot of concerned people.  Given the dangerous nature of this illness, when it is misdiagnosed, the doctor may find himself facing a medical malpractice claim.

One of the quickest ways for doctors to determine whether a patient has the flu, and if it’s the dreaded H1N1 strain is to perform what’s known as the “rapid flu test”.  Typically this is done with a swab in the mouth or nose.  This is the type of test that was performed on 9 year old Hayli Murphy in Florida, and unfortunately for her, it was misdiagnosed as negative, when in fact she was suffering from H1N1.

In fact, two rapid flu tests performed on Hayli were misdiagnosed, so her swine flu went undetected and worsened to the point that she ended up in the hospital where she spent 43 days in intensive care.

An expert on pandemic influenza has stated that rapid flu test misdiagnoses are not uncommon given the fact that, although they are fast and inexpensive, they are also somewhat unreliable.  In fact, studies have shown these types of tests can produce inaccurate results up to 50% of the time.

The problem is, with a bad case of the flu, particularly the H1N1 strain, time is of the essence.  When not properly diagnosed, the patient can end up hospitalized and in some cases even die.

There are some things you can do to help prevent a misdiagnosis of the flu.  The Center for Disease Control has released a list of warning signs to watch for:

For Adults:

• Pain or pressure in the chest or abdomen
• Difficulty breathing
• Dizziness
• Persistent vomiting
• Confusion

For Children:

• Fever accompanied by rash
• Flu-like symptoms that improve but then return with cough or fever
• Difficulty breathing
• Not waking or interacting
• Irritability to the point of not wanting to be held
• Not drinking enough fluids
• Bluish skin color

Anyone exhibiting these types of symptoms should seek treatment immediately.  And if the rapid flu test is used and produces a negative result, go with your gut.  Don’t be afraid to ask for a second test, and an actual lab one.  It may take longer for the results to come back but getting a correct diagnosis could mean the difference between life and death.

In a rare move, a Florida judge decided to throw out a jury’s verdict and grant Lisa Strong a new trial in her medical malpractice claim.  He felt the evidence was overwhelming in the case where a kidney stone was misdiagnosed causing a life threatening infection that resulted in amputation of all four of Strong’s limbs.

In September of 2003, Strong was at work when she started feeling ill.  She decided to go to the ER when her fever hit 106 degrees and she was having trouble walking.

Strong immediately informed the nurse treating her that she’d had a history of kidney stones and felt that she was experiencing another one.  But her concerns were ignored, and so was her kidney stone.  Left untreated for a month, the stone led to a deadly infection and septic shock which cut off the blood flow to her arms and legs.

When the infection first started to set in, Strong thought if she exercised she could get the circulation to her limbs back.  She was gravely mistaken.  A month after her first ER visit, doctors were forced to amputate all four of her limbs to save her life.

Ms. Strong sued the doctors for negligence but the jury ruled against her.  Judge Charles M. Greene disagreed, however, and reversed the jury’s decision.  He stated that the verdict was “contrary to the law and the manifest weight of the evidence”.

It’s extremely rare that a judge reverse a jury’s verdict.  In fact, it happens in less than a half a percent of cases.  Judge Greene clearly saw the impact that the misdiagnosis and other medical mistakes had on Ms. Strong’s life and felt it warranted justice.

Learn more about Lisa’s story at www.lisastrong.org.