QUESTION
Can I sue the hospital for not diagnosing me correctly?
Asked on Nov 23rd, 2011 on Personal Injury - Florida
More details to this question:
I thought it was my gallbladder. They said no and sent me home again with the same diagnosis. I got worse and went to a different hospital. They did an ultrasound and it came back that I had gallstones and my gallbladder needed to be removed. Can I sue the first hospital when they sent me home twice even when I suggested it was my gallbladder?
10 ANSWERS
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Probably not, but even if you could, it is very doubtful that you have sufficient damages to warrant the expense of bringing such a suit.
Answered on Nov 30th, 2011 at 3:42 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes you can but what are your damages ? a few days delay? Don't lose sight of the fact that when you sue you have to have damages not just hurt feelings or disappointment. Suing a hospital might take 2 years and $20000 or more of a lawyers time to prosecute the case. You would have to hire a doctor to assist with testimony and that may cost another $10000 for his services. So, you see, you cant get anywhere filing lawsuits for small matters.
Answered on Nov 30th, 2011 at 2:59 PM
Consult with a plaintiff's medical malpractice lawyer for sound legal advice and direction regarding your medical problem and the diagnosis which was done by the first medical facility.
Answered on Nov 30th, 2011 at 2:56 PM
You can sue but I would not recommend it nor would I suggest it. You really don't have any quantifiable damages and so far you've stated nothing that indicates the first hospital was negligent. A non diagnosis doesn't mean they missed something. It simply means the tests didn't show anything at that point in time. Remember you said it: "I got worse..." Time to move on.
Answered on Nov 30th, 2011 at 2:23 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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For a medical malpractice case to be worth pursuing there must be substantial permanent injuries. These kinds of cases are expensive and labor intensive. Only a severe injury warrants the costs, commitment and risk of loss that an attorney must assume.
Answered on Nov 30th, 2011 at 1:40 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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No, you have not suffered any damages if the surgery that you received is the same surgery you required when you first went in. In either case, you required surgery.
Answered on Nov 29th, 2011 at 6:04 PM
In every medical malpractice claim, you must have liability AND damages. You must prove the medical facility gave you substandard care AND you must be injured by that negligence. In this case, the facility may have gotten the diagnosis wrong, although medicine is not an exact science and their approach may have been appropriate. Assuming you can prove wrongdoing, you must then show how you were hurt by that misdiagnosis. It sounds like you had a gallbladder issue where even if it was diagnosed by the first medical facility properly, you still would have had the problem - so no substantial damages. Doesn't sound like you have a claim worthwhile pursuing. Your damages typically need to be severe and permanent to make it worth your time.
Answered on Nov 29th, 2011 at 5:44 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You could sue them but a judge would probably dismiss it because the second doctor correctly diagnosed your condition.
Answered on Nov 29th, 2011 at 5:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor/hospital, there is no malpractice, even if they made the wrong call. In the scenario you describe, you needed your gallbladder removed and you got it removed. Keep in mind that in all med/mal cases, expert witness testimony is required, which typically goes for $25,000+ Also, you would have to find a lawyer willing to put 300 hours into this over the next 2 years on the chance that there might be a successful verdict of an amount that would make it worthwhile.
Answered on Nov 29th, 2011 at 5:23 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Not unless you sustained any additional substantial injury from the delay. You probably had a laparoscopic cholecystectomy done on you at the second hospital which you probably should have had at the first hospital. So, the pain from the time between the two trips to the hospital alone is not worth pursuing; medical malpractice cases can be very expensive to bring, so unless your treating doctor is of the opinion that the delay caused you significant additional injury, the answer is no.
Answered on Nov 29th, 2011 at 5:08 PM