Would I be able to get the health care center to pay for my medical bill becasue I was misdiagnosed?

I went to a local health care center and explained my symptoms of sore throat. The doctor examined me and said that I had a chest cold and to drink a lot of liquids and take some Tylenol. About a week later, I had to go to the emergency room and was diagnosed with diabetes.

Asked on January 26, 2013 under Malpractice Law, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What I think that you are thinking about is a filure to diagnose case.  Your symptoms when you went to the health center may have been those of a cold.  Diabetes is a different animal.  So there is probably not any causal connection between the two that would warrant any type of action and especially one to recoup a fee paid.  Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You could not get them to pay for any medical costs associated with diabetes, since their misdiagnosis did not cause, or contribute to you having, diabetes. They also would not be liable for the cost of your visit to them, since medical care providers do not (typically) provide warranties or guaranties for their work--the fact that a doctor's visit did not help you does not mean that the doctor or care center is obligated to return your payments.

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