Misdiagnosis medical malpractice?

Get Legal Help Today

 Secured with SHA-256 Encryption

Misdiagnosis medical malpractice?

Recently I went to the
emergency room for a ‘feminine
problem’. E.R. staff did blood
work and exam. I was released
from the E.R. with the
diagnosis of perimenopausal
bleeding. Was referred to a
tune. Went to the gyne the
next day and was diagnosed
with a large fibroid that the
E.R. could not have missed.
That was the exact terminology
that the gyne used. Would this
classify as misdiagnosis? As
the fibroid was large enough
to not be missed?

Asked on July 17, 2017 under Malpractice Law, Illinois

Answers:

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

Answered 3 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Based on your doctor's statement, the emergency room misdiagnosed your medical problem. 
You would not have a viable case for medical malpractice because you would have to prove (damages) injury, illness, etc. from the misdiagnosis.  Since you went to the gynecologist the following day, how could you document injury, illness, complications, etc. from the fibroid the emergency room missed?


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption