Can I sue the hospital for misdiagnosing an ailment?

I was misdiagnosed with a sinus infection as opposed to a stroke. I went into the local hospital with signs of having a stroke. The ED performed a CT scan and said I had a sinus infection and to take antibiotics. The following day I went to a separate hospital and the ED physician scheduled me for an MRI the next morning. During the MRI they found the stroke and sent me to the ED for a more in depth account.
If the first hospital would have found the stroke the day we went in, I probably would not be suffering from the effects of the stroke. Do I have a case against the first hospital?

Asked on September 6, 2016 under Malpractice Law, Utah

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence.
Negligence on the part of the hospital is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the hospital, it may be possible to settle the case with the hospital's insurance carrier.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your claim filed with the hospital's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the hospital.
If the case is NOT settled, your lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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