Can Parents File an RSV Misdiagnosis Lawsuit?

What Is RSV?

Respiratory Syncytial Virus (RSV) is a common yet potentially serious respiratory infection. Nearly all children contract RSV by the age of 2. For most, it presents like a cold. In infants, the elderly, and those with underlying health conditions, however, RSV can cause life-threatening complications.

Common RSV Symptoms:

• Runny or stuffy nose
  
• Decreased appetite
  
• Coughing, sneezing
  
• Sore throat
  
• Mild headache
  
• Fever
  
• Fatigue or irritability in infants
  
• Apnea (pauses in breathing)
  

In severe cases, RSV may progress to bronchiolitis or pneumonia. Signs of a serious infection include wheezing, rapid or difficult breathing, and skin turning blue from lack of oxygen.

RSV Statistics: How Common, and Dangerous, is It?

Each year in the U.S.:

• 2.1 million children under age 5 see a doctor due to RSV
  
• 58,000 to 80,000 children under 5 with RSV are hospitalized
  
• 60,000 to 160,000 adults over 65 are hospitalized for RSV
  
• 100 to 300 children die annually because of RSV complications
  
• 6,000 to 10,000 elderly adults with RSV die each year
  

Those at highest risk include:

• Infants under 6 months
  
• Premature babies
  
• Children with heart/lung problems or weakened immune systems
  
• Adults over 65 with heart or lung disease

Why Is RSV Often Misdiagnosed?

RSV symptoms overlap with other respiratory infections like:

• Influenza
  
• Rhinovirus (common cold)
  
• Bronchitis
  
• Pneumonia
  
• Asthma
  
• COPD
  

Because RSV and these other illnesses share symptoms, and RSV season coincides with flu season, physicians may incorrectly diagnose or delay diagnosis. RSV cannot be identified by symptoms alone; proper diagnosis requires lab testing, often via nasal swab or blood test. Without testing, doctors may misattribute RSV to another cause.

Dangers of a Delayed RSV Diagnosis

A delayed or missed RSV diagnosis can have tragic consequences, especially in young children. Research shows that late diagnosis leads to higher hospitalization rates and more severe health outcomes.

RSV can lead to inflammation of the small airways in the lungs and infection of the lungs. Adults have larger airways, which can more easily accommodate the swelling in the airways. Young children have smaller airways, so swelling can be more serious and lead to complications. 

Out of every 100 children younger than 6 months who contract RSV, 1 to 2 require hospitalization. If hospitalized, they may need oxygen, IV fluids if they are unable to eat or drink, and possibly even mechanical ventilation if they are unable to breathe properly.

Most people who receive this care in the hospital recover and can be discharged within a few days. However, in severe cases, since RSV restricts a patient’s ability to receive oxygen, it can lead to respiratory failure or cardiac arrest. These and other secondary effects of RSV often result in the death of the patient. Even if death does not occur, in such serious cases, a patient may suffer a traumatic brain injury from RSV due to restricted oxygen.

Can You File an RSV Misdiagnosis Lawsuit?

Yes, an RSV misdiagnosis lawsuit may be brought by the injured party, or by the family of someone who died. Parents or legal guardians may pursue a lawsuit on behalf of a child injured due to a misdiagnosis. If the child passed away, you may also have grounds for a wrongful death claim. These lawsuits fall under medical malpractice and require proving four legal elements:

1. Duty of Care

A doctor-patient relationship must have existed. Medical records typically establish this.

2. Breach of Duty

You must show that the doctor failed to meet the standard of care. Examples include:

• Failing to order RSV-specific tests
  
• Ignoring clear symptoms
  
• Rushing the examination
  
• Not following up with worsening symptoms
  

3. Injury Caused by the Breach

You must demonstrate that the misdiagnosis directly caused harm—such as hospitalization, injury, or death.

4. Damages

You must show that you incurred measurable losses. Common types of damages in a medical malpractice case include:

• Medical expenses
  
• Pain and suffering
  
• Future care costs
  
• Wrongful death damages
  

When to Contact a Lawyer After an RSV Misdiagnosis

If you or your child experienced serious harm due to an RSV misdiagnosis, don’t wait to act. Illinois has strict deadlines (statutes of limitations) for filing medical malpractice claims. Consulting an attorney as soon as possible protects your rights and preserves crucial evidence.

Schedule a free consultation with a medical malpractice lawyer at Strong Law Offices. Call 309-393-2928.