Tennessee Physician Used the Incorrect Test to Clear Patients of COVID

Doctors need to order the correct diagnostic tests at the correct time. If they order the wrong tests or delay the diagnosis and the patient suffers harm, the patient has a right to file a medical malpractice claim to hold the doctor and any other responsible parties accountable.

The Insurance Journal recently reported that the Tennessee Board of Medical Examiners filed disciplinary actions against a Tennessee physician who used the improper test to clear several patients of the coronavirus.

According to the Tennessee Department of Health allegations (as reported by The Tennessean, which used information from a request for public records), the 49-year-old physician used improper rapid blood tests. The tests the doctor used are useful for determining if a patient has antibodies from a prior infection. The tests are not reliable for detecting a current infection.

The public records show that the doctor operated a “concierge medical company” known as Elite Health Care. The company offered at-home coronavirus testing. Two people were tested by the company in November and December of 2020. The people requested to be examined to see if they had the coronavirus. The doctor used the improper tests and cleared both patients of the virus – even though he “knew or should have known” the tests wouldn’t detect a current coronavirus infection.

If the allegations are accepted by the Tennessee Department of Health, the doctor, who is already on probation, could lose his medical license. The doctor’s license was suspended in 2018 (and reinstated in 2018) for confessing to writing fraudulent opioid prescriptions.

What types of medical tests are commonly used in diagnosing COVID-19?

The medical tests that are needed to diagnose an issue are determined by the symptoms a patient is experiencing. Doctors need to consider the patient’s symptoms, conduct a physical examination, and have an oral history. The patient’s gender, age, and family history are among the many other factors the doctor should review.

If a doctor suspects a patient may be presenting with symptoms COVID-19, he or she may use a PCR test – that’s the nasal swab – to look for the virus’s genetic material.

If a patient wants to know if he or she had COVID-19 at some point, then a doctor may use an antigen test. This is the test that was being administered by Elite Health Care. The reason you don’t use an antigen test to determine if a person has COVID-19 is because the presence of antibodies will not conclusively confirm that a patient is sick at that time; it merely confirms that the patient has developed COVID-19 antibodies – a strong indicator that he or she had the infection at one point.

Because the Delta variant is still new, the only way to test for it is with a PCR test; rapid tests cannot determine which variant of the disease you have.

What are other common types of diagnostic tests?

While it seems like it’s been a year since anyone has gotten sick from anything but COVID-19, people across Tennessee still catch sinus infections and stomach bugs and suffer from pains whose origins they may not know. When this happens, they may undergo one of these more common types of diagnostic tests:

• Bodily fluid analysis. These tests analyze your blood, urine, fluid around the brain and the spinal cord, and fluid around a joint (synovial fluid). Other fluids that might be tested include saliva, sweat, and gastric juices.
• Imaging test. These tests provide pictures of parts of the body. Common imaging tests include:
  • X-rays
  • Magnetic resonance imaging (MRI)
  • Computed tomography (CIT)
  • Ultrasonography
  • Radioisotope (nuclear) scanning
  • Positron emission tomography PET)
  • Angiography
• This test uses an endoscope to observe your bodily organs and bodily cavities. The end of the endoscope usually has a light and a camera that the examiner views through a TV monitor. Tools to cut and remove tissue samples can be passed through the endoscope. Endoscopy is used to check your:
  • Voicebox
  • Lungs
  • Esophagus
  • Stomach
  • Small Intestine
  • Large intestine
  • Rectum and anus
  • Bladder
  • Uterus
  • Joints
  • Abdominal cavity
  • Other body parts
• Bodily function tests. For example:
  • Electrocardiography (ECG) measures heart activity.
  • Electroencephalography (EEG) measures brain activity.
  • Pulmonary function tests measure how well your lungs perform.
• This test removes and examines tissue samples to find inflammations or disorders such as cancer. Biopsies are used to examine your breast, skin, liver, kidney, lungs, and bones.
• Genetic testing. This test usually checks your cells for abnormalities of genes (including DNA) and chromosomes.

There are some risks for each test. Doctors need to weigh the value of the tests versus the risks.

The results of any type of test are usually labeled by a range which indicates what results are normal or not normal. When physicians review the results, they should be able to identify if the patient has a disorder by looking for any abnormal results.

What does diagnostic medical malpractice look like?

Doctors may be liable for medical malpractice if:

• They fail to order the wrong tests given the patient’s symptoms and histories
• Order the correct tests but interpret the results incorrectly
• Fail to order the tests in a timely manner

Common disorders, according to Standard of Care, that doctors fail to diagnose properly because the correct tests aren’t ordered include cancers, heart disease (especially in women), and meningitis in children.

What are the effects of inadequate or incorrect diagnostic testing?

In the case of the improper COVID test, the patient could spread the disease to family, friends, and coworkers. If the patient did have COVID, early intervention might help the patient recover.

If a doctor orders the wrong tests resulting in an incorrect diagnosis of any condition, the patient may:

• Not get the treatment he/she needs on time
• Suffer worse symptoms
• Have more difficulty surviving or recovering from any corrective surgeries or procedures
• Suffer emotional distress
• Die as a result of delayed or incorrect treatment

How much is a missed or delayed diagnostic claim worth?

There is no set amount of money for medical malpractice claims because the worth of any given case is based on the case itself. However, damages for an incorrect diagnosis or delayed diagnosis due to incorrect medical tests may include:

• Pain and suffering
• All medical bills for surgeries, more tests, doctor visits, therapy care, medications, and medical devices
• Lost income
• Funeral and burial expenses if the patient dies

At Bailey & Greer, PLLC, our Memphis medical malpractice lawyers have the experience (we’ve been fighting for injury victims for 35 years) and resources (we work with medical specialists who do testify against other doctors) to help patients obtain justice. We hold all responsible parties liable for medical malpractice including doctors, the people, laboratories, and facilities that conduct the medical tests, and hospitals.

We’ve obtained numerous significant awards including many cases worth millions of dollars and some worth $5 to 12 million. To discuss your medical malpractice case, call us in Memphis or Jackson at 901-475-7434 or use our contact form.