Misdiagnosis of Attention Deficit Hyperactivity Disorder (ADHD) among school-going children is a common phenomenon in the United States and beyond. Physicians have continued to prescribe medication following ADHD diagnosis, while the symptoms underlying such determination, such as restless or disruptive behavior, would also indicate various forms of anxiety (Schwandt & Wuppermann, 2015). In this case, I had a previous misdiagnosis of ADHD implicated in my medical records, which has compromised my chances of acquiring a pilot practice license. I have already filed litigation against possible misdiagnosis, which I need to win. To win, I must present proof that a doctor-patient interaction occurred, that standard diagnostic procedures were not followed, that the physician acted negligently, and that their negligence would considerably hurt me.
ADHD diagnosis takes place at childhood and involves the patient, mostly children presenting symptoms that may not be entirely understood by the physicians in charge (Ford-Jones, 2015). In most instances, the symptoms may not be subjected to thorough scrutiny as outlined in the ADHD diagnostic criteria. ADHD, in its superficial examination, presents a group of behaviors that might be incorrectly categorized as another type of disorder or maybe causes of an entirely different disorder altogether (Mullet & Ninn, 2015). Some of the common behavioral indications of ADHD include restlessness or inattentiveness. These symptoms are sometimes entirely typical among children in their school-going ages and may not inform the exact symptoms of ADHD (Layton, Barnett, Hicks, & Jena, 2018).
Delegate your assignment to our experts and they will do the rest.
Winning the case will depend on my capability to prove that a doctor-patient relationship existed. A doctor-patient relationship is a crucial element positioned significantly among the ethical principles that constitute medical practice (Neale, Hogan, & Sevdalis, 2011). Doctor-patient relationships are founded in instances when physicians tend to their patient’s medical requirements such as medical-checkups, diagnosis, and sometimes treatment. Proof of the existence of a doctor-patient relationship will be guided by the production of accurate medical documents signed by specific physicians or healthcare organizations. Policies demand that primary care physicians must develop relationships based on responsibility to the patient (Chipidza, Wallwork, & Stern, 2015).
I must also provide sufficient evidence that the physician acted negligently and did not meet the policy requirements outlined within the doctor-patient relationship policies (Pandit & Pandit, 2009). In this line, I must offer proof that the doctor's negligence that extends beyond mere misdiagnosis, since even skillful doctors might commit diagnostic errors using reasonable criteria (Allen, Stafford, & Liang, 2014). Convincing the court of the doctor’s negligence would require an in-depth evaluation of the processes that the doctor followed and what procedures he omitted during the diagnosis of ADHD. The DSM-5 diagnostic criteria for ADHD recommend a differential process in which the doctor needs to enlist all possible disorders that match a particular set of symptoms (Steinau, 2013). In my evidence, I must table proof that either failed to incorporate the correct diagnosis into their differential lists or that they failed to perform further analyses or even seek specialist opinions before concluding determination.
Lastly, I must prove to the court that the misdiagnosis extended particularly significant harm to me as the patient. Policies require that patients behind misdiagnosis lawsuits must provide sufficient evidence indicating that the doctor's negligence has subjected them to conditions that limit their progress (Bryden & Storey, 2011). The chances of winning this case balance on my ability to prove that if the correct diagnosis were established, I would not be in a similar predicament as the current one. If a more precise diagnostic procedure were followed, I would smoothly acquire my pilot license without getting disadvantaged by the federal aviation administration procedures. I would also back my argument up with harm in the dimensions of anxiety, stress, and further expenses applied to litigation procedures.
The diagnostic elements of ADHD among children are restlessness, anxiety, and inattentiveness, which are quite common within the context of the school-going cohorts. As a result, there are high cases of ADHD misdiagnosis. In lawsuits against ADHD misdiagnosis, individuals behind these cases must present sufficient evidence indicating the existence of a doctor-patient relationship, proof of doctor's negligence in medical practice, and proof that doctor’s negligence during diagnosis extends considerable harm to the patient. I will base my articulation on this procedure to win my case and get my pilot license from the federal aviation administration.
References
Allen, T. C., Stafford, M., & Liang, B. A. (2014). Pathology and Medical Malpractice: Academic and Trainee Empirical Review of Cases by State of Texas Physicians. American Journal of Clinical Pathology, 141 (4), 501–509.
Bryden, D., & Storey, I. (2011). Duty of care and medical negligence. Continuing Education in Anaesthesia Critical Care & Pain, 11 (4), 124–127.
Chipidza, F. E., Wallwork, R. S., & Stern, T. A. (2015). Impact of the Doctor-Patient Relationship. The Primary Care Companion for CNS Disorders, 17 (5), 133-139. doi:10.4088/PCC.15f01840
Ford-Jones, P. C. (2015). Misdiagnosis of attention deficit hyperactivity disorder: 'Normal behavior' and relative maturity. Journal of Paediatrics Child Health, 20 (4), 200–202.
Layton, T. J., Barnett, M. L., Hicks, T. R., & Jena, A. B. (2018). Attention Deficit–Hyperactivity Disorder and Month of School Enrollment. The New England Journal of Medicine, 379 (1), 2122-2130. doi:10.1056/NEJMoa1806828
Mullet, D. R., & Ninn, A. R. (2015). Giftedness and ADHD: Identification, Misdiagnosis, and Dual Diagnosis. Roeper Review, 37 (4), 195-207.
Neale, G., Hogan, H., & Sevdalis, N. (2011). Misdiagnosis: analysis based on case record review with proposals aimed to improve diagnostic processes. Journal of Clinical Medicine, 11 (4), 317–321. doi:10.7861/clinmedicine.11-4-317
Pandit, M. S., & Pandit, S. (2009). Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective. Indian Journal of Urology, 25 (3), 372–378.
Schwandt, H., & Wuppermann, A. (2015). The Youngest Get the Pill: ADHD Misdiagnosis and the Production of Education in Germany. Bonn, Germany: IZA.
Steinau, S. (2013). Diagnostic Criteria in Attention Deficit Hyperactivity Disorder – Changes in DSM 5. Frontiers in Psychiatry, 4 (49), 33-36.
