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

UPDATED: Nov 12, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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