IfIwas diagnosed with lupus and treated for it, what can I do if I have found out that I don’t have it?

It changed my entire life.

Asked on November 12, 2011 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the diagnosis was malpractice (see below), you may have grounds to sue the diagnosing physician or institution for damages, including the cost of medical care you paid for, lost wages, and *possibly* some additional compensation for the disruption to your life and piece of mind.

Malpractice is literally "bad practice"--it is medical care which does not meet generally accepted standards of care, whether due to lack of training, carelessness, not maintaining the proper equipment, etc. Merely being wrong is NOT malpractice--being wrong due to carelessness or some inadequacy which the provider could have remedied, though, may be malpractice.

You should consult with a medical malpractice attorney to evaluate your situation and see whether you might have a case and, if so, what it might be worth.


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