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Lyme Disease Misdiagnosis: A Legal Battle for Compensation

The New York Department of Health reports Lyme disease as the most common tick-borne infection in New York City and the United States of America. In 2017 alone, the yearly number of Lyme disease cases in NYC peaked at 1,083—a giant leap from 215 cases in 2000. Lyme disease cannot spread from one person to another. However, the infection can spread to the joints, heart, and nervous system if left untreated.

Lyme disease can be diagnosed based on symptoms, physical findings, and the possibility of exposure to infected ticks. Blood testing plays a vital role in detecting the disease in affected humans. However, it is not recommended if you do not have the symptoms of Lyme disease.

What is Lyme Disease?

Lyme disease is the most common vector-borne disease in the United States. It is caused by the bacterium Borrelia burgdorferi and, rarely, Borrelia mayonii. The disease transfers to humans through a black-legged tick’s bite, leading to symptoms such as fever, headache, fatigue, and a characteristic skin rash called erythema migrans.

The disease is curable after a few rounds of essential antibiotics. Usually, its symptoms dissipate. However, it is not a sign that a patient is cured. People experiencing Lyme disease symptoms should still visit a doctor and seek medical health even if they feel 100 percent better.

Lyme Disease Misdiagnosis

Due to its symptoms, some doctors misdiagnose a Lyme disease manifestation in patients. In a nationwide survey conducted by LymeDiseases.org, they found out that a quarter of participants reported being correctly diagnosed within six months of the onset of their Lyme disease symptoms. However, 61 percent of those participants say that it took them two years to receive a correct diagnosis.

It’s essential to seek medical help upon noticing a rash or flu-like symptoms.

However, diagnosing becomes easier if patients can include the details that they got sick after going outdoors. It also helps to admit that they didn’t do basic tick bite precautions before heading outdoors. Without this information, doctors may misdiagnose the patients’ issues other than Lyme disease.

On top of common symptoms, half of the patients do not manifest the rash—the determining factor for Lyme disease. Meanwhile, blood testing is only effective in a third of the cases. Most doctors commit errors due to the lack of medical evidence, especially in a disease that carries the most common symptoms.

The Legal Battle Against Lyme Disease

Ticks are a hidden danger against humans. Suppose the patients live in someone else’s property, even as a licensee. In that case, the property owner can be held accountable for contracting the disease and might be held responsible for the medical bills and other damages caused by Lyme diseases. 

The owners’ duty and responsibility are to ward off possible dangers in their property, even latent hazards. The owners must ensure that the premises are reasonably safe for everyone.

Meanwhile, misdiagnosis and mistreatment is a bigger legal obligation for healthcare providers. Doctors have a fiduciary duty towards their patients, making them responsible for injuries related to a delayed or incorrect diagnosis.

Conclusion

A simple tick bite may not be something to be concerned about. However, it’s essential to take care of yourself, especially if you’re always outdoors. People will never know the dangers of staying outdoors and how small these dangers can be.

Ronemus & Vilensky is NYC’s leading accident and malpractice attorney dedicated to providing legal guidance to their clients. Request a free consultation today on our website to learn more. If you have been dealing with issues related to Lyme disease, you may be eligible for compensation today.