What are my rights for a misdiagnosis by 911?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights for a misdiagnosis by 911?

My son had a 102.3 degree fever. We called 911 and they told me nothing was wrong with him and to give him a bath. He is now sitting in the hospital with meningitis. Do I have a claim?

Asked on November 14, 2011 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You probably do not have a claim, unfortunately:

1) 911 is not staffed by physicians; while the operator you spoke with may have done wrong by saying what he/she did (and perhaps should be disciplined), they have no obligation to provide medical diagnosis and no liabilt for a wrong one. It would be like if you asked your sister or your child's teacher for a diagnosis--you have  no right to rely on it, and they are not liable if wrong.

2) The advice they gave you may have been wrong, but it may also have been reasonable, so that it was not actionable. People are not liable for simply being wrong, but only if they were negligent or intentionally did something wrong.

3) Unless 911 acting immediately would have changed outcomes for  your son, there is no damage from their actions.

While you may wish to consult in more detail with a personal injury or malpractice attorney to more fully explore your recourse in this situation, there are at least 3 possible reaons why there might be no cause of action.


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