What are my rights if my doctor read a report without first readingmy scan and told me I had incurable cancer and was going to die?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my doctor read a report without first readingmy scan and told me I had incurable cancer and was going to die?

Shouldn’t he of read the scan before and called me when he said he found out that evening instead of waiting until 1pm the next day? Those 20 hours changed my life. He said he thought the liver spot may be fatty tissue and the spot on my bone arthritis or old.

Asked on December 27, 2011 under Malpractice Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Fortunately for you, you seem to not have incurable cancer--and you seem to have found out quickly, within a day. This is important because the law does not provide or allow compensation for stress, distress, emotional upset, etc. except in very limited cases, typically involving a deliberate or intentional effort to inflict emotional harm. When someone suffers distress, but no phsyical injury or economic loss (e.g. did not go undergo expensive medical treatment), due to another party's negligence, there is no ability to recover compensation for that  distress.


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