QUESTION
If a doctor does not properly diagnose something and it gets worse, can I sue them?
Asked on Aug 13th, 2012 on Personal Injury - New Jersey
More details to this question:
I went to a hospital after being in pain 13 hours with my gal bladder attack. They did bloodwork and my white blood count was high so they did ultra sound. The doctor came and said my gal bladder was not sick so gave me pain med and sent me home. The next morning I wake up still in pain. I went to another hospital around 5 pm and they requested all my information from the other hospital. They ended up keeping me in the hospital that night and next morning I had surgery. I feel I should not be responsible for a bill at the first hospital if they did nothing for me.
16 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You might be right.
Answered on Jul 11th, 2013 at 12:32 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Most complaints arise from the doctor being too quick to cut the patient open. Sounds like you just needed health insurance.
Answered on Jul 11th, 2013 at 12:32 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 29th, 2013 at 12:00 AM
Ronald A. Steinberg
For $150 (in Michigan) you can sue anybody, for any reason. If you want to win, you will need 1) a valid case, 2) a competent expert to support your theory, and 3) a competent attorney to handle the case. To be able to obtain the expert and the lawyer, you have to have a case which is large enough to support the major expenses required to process a case, and that means that you have to have big injuries. You need to show that the delay alone was a "direct and proximate cause" of the injury that you are claiming, separate from the disease or problem that sent you to the doctor to begin with. Whether or not you have a case is dependent on whether or not you can prove it.
Answered on Aug 20th, 2012 at 2:30 PM
YES. You can sue but you'll have to PROVE that doc's missed diagnosis was in fact the cause of your DAMAGES.
Answered on Aug 15th, 2012 at 4:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A faulty diagnosis is the basis for malpractice but you don't know what the results were and how they were dealt with and what if any problems there might have been with diagnosis. Doctors are not required to be perfect. This is a small matter and not the proper basis for a lawsuit. One day of added pain is not very much by way of damages. You might have a talk with your NEW doctor and see what he thinks about the first hospital diagnosis.
Answered on Aug 15th, 2012 at 4:56 PM
Answer: I don't believe this is a case. The fact a working diagnosis does not work out in 24 hours is no reason to sue a doctor or hospital.
Answered on Aug 15th, 2012 at 4:55 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Whether a doctor has misdiagnosed your illness is a very complicated legal question which is almost always determined by experts. If you hire an attorney, he/she can obtain one or more expert opinions on the matter and determine for you whether or not you have a viable case.
Answered on Aug 15th, 2012 at 4:52 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If all you want is a waived bill, you should either hire an attorney to write them a letter or do it yourself (probably less effective). For them to be liable for medical malpractice in failing to properly diagnose you, you would need an expert physician to testify that Hospital #1 acted below the standard of care in interpreting the info obtained, or not conducting the proper tests based on the symptoms you were experiencing. A medical malpractice attorney can provide you with an expert to contact to review your records to ascertain if Hospital #1 acted inappropriately.
Answered on Aug 15th, 2012 at 4:51 PM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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Yes, you can sue, but probably not successfully.
Answered on Aug 15th, 2012 at 4:40 PM
Dennis P. Mikko
For there to be a claim it would have to be determined that the doctor at the first hospital did not act within the acceptable standard of care. This is a question that would have to be determined by an expert (another doctor practicing in the same field). Failure to diagnose can give rise to a medical malpractice claim. In your case, since there was a correct diagnosis rather quickly and it appears no long lasting adverse effects, you may have limited damages which would limit your ability to sue. A claim without damages is not worth the time and effect necessary to bring it.
Answered on Aug 15th, 2012 at 4:40 PM
General Attorney serving Portland, OR
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Lehner & Rodrigues, PC
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In order to sustain a claim against a medical professional for damages, you must prove that the person did not act in accordance with the standard of care for a person practicing that profession. That proof generally must be provided by an expert in that area of medical practice who will testify that the treating doctor did not comply with the standard which applies to that profession. A misdiagnosis or error by a medical professional does not necessarily mean he or she did not comply with standard practice. The cost of obtaining the proof for your suggested case will probably be greater than your damages if the damages are limited to the initial medical bill for the services you believe were inadequate.
Answered on Aug 15th, 2012 at 4:39 PM
You should consult with a plaintiff's medical malpractice lawyer for specific legal assistance.
Answered on Aug 15th, 2012 at 4:38 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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To answer your general question ("If a doctor does not properly diagnose something and it gets worse, can I sue them?") the answer is "yes" you could sue the doctor. As to the situation you describe, I cannot answer, as I do not have enough information, whether you: (1) can sue the first doctor or hospital; or (2) are responsible for the first hospital bill. For you to be able to sue you would have to prove that the first doctor or hospital committed medical malpractice, which is basically, they did or did not do something that other doctors would have done. A doctor would have to testify that the first doctor made a mistake by doing what they did, which was, do blood work and then release you. In addition, you would have to show that you were injured and damaged as a result of this malpractice. Whether you should have to pay the bill for the first hospital, you would again have to prove that the hospital committed malpractice for you not to be responsible. If you have additional questions you should contact an attorney who could get more information and make a better determination whether you have a case or should be responsible for the bill.
Answered on Aug 15th, 2012 at 4:36 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the doctor missed the diagnosis, that's not necessarily the hospital's fault but they may be willing to negotiate your hospital bill.
Answered on Aug 15th, 2012 at 4:30 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Fight them, and get your records to a Medical Malpractice attorney for a review.
Answered on Aug 15th, 2012 at 10:40 AM