Can you sue a hospital after 7 months for being wrongly diagnosed and caused to feel worse?

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Can you sue a hospital after 7 months for being wrongly diagnosed and caused to feel worse?

I was throwing up a lot and rolling in pain on the floor barely able to breathe. I went to the hospital and all they said was that I had a sore swollen spot in my chest area and told me to take aspirin and sent me home. When I went home, after taking the aspirin they had prescribed to me, I threw up even more and felt even worse. So I went back to the hospital then they finally said my gall bladder had to be removed. Can I sue this hospital for an incorrect diagnosis 7 months after this incident happened?

Asked on May 11, 2011 under Malpractice Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You absolutely should sue. Here is the issue, a gall bladder attack for some reason is the last thing if at all doctors in emergency rooms check for but understand the symptoms and pain episodes of a gall bladder attack do not resemble anything else and they should have done a simple ultrasound. You usually have about 2 years to sue for medical malpractice but you should immediately contact a medical malpractice attorney and while you are at it, you should write down from your memory all that occurred and then immediately consider getting copies of your medical record not by calling but actually going down to the hospital and requesting copies there. Talk to your lawyer about that first. To ensure you hire the right counsel, look up some medical malpractice law associations or groups, call the bar, check on their disciplinary history and length of practice.


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