What can I do if 2 years ago I was misdiagnosed twice when visiting a local hospital?

They sent me home without proper testing. After I finally was diagnosed with viral meningitis.

Asked on November 3, 2014 under Malpractice Law, Michigan

Answers:

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

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence 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).

It would be advisable to contact a medical malpractice attorney immediately because the statute of limitations in Michigan in a medical malpractice case is 2 years from the date of injury or within 6 months from the date you discovered or should have discovered the injury whichever date is later, but in no event more than 6 years after the date the act occurred.

If you were a minor when the misdiagnosis occurred, you have one year after the date of injury but in no event less than 2 years after the date of the act giving rise to the injury.

If the statute of limitations has expired, your medical malpractice claim is barred.

If you have not missed the statute of limitations, a lawsuit should be filed immediately for negligence against the hospital.

If the statute of limitations has not expired, it still may be possible to settle the case with the hospital's insurance carrier.  Your claim filed with the insurance carrier should include your medical bills, medical reports, and documentation of any wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document your illness and misdiagnosis 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.

Again, you should contact a medical malpractice attorney immediately to determine whether or not the Michigan statute of limitations has tolled (expired).

 

 

 


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