What are my rights if my doctor misdiagnosed me?

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What are my rights if my doctor misdiagnosed me?

My dad came home early from work because he was feeling ill and had a fever. The next day, he wasn’t able to go to work and went to see the doctor. He complained of having the chills, very slight backache, and pain in the area of his rib cages. His fever at the doctor’s office was 103.7, and he told her everything he was feeling. She had him take a urinalysis, which came out “negative”, and told him to get an X-ray. And since his fever was so high, she had him take advil at the clinic, even though he had just taken some at home. She said that he had the flu. Now, he’s in the ICCU fighting for his life from septic shock because of a bladder infection that wasn’t treated.

Asked on December 17, 2012 under Malpractice Law, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

This is a complicated circumstance.  Since medical malpractice attorneys do not charge for consultations, I suggest you call one. 

It sounds like your Dad was very ill when he saw the doctor.  It also sounds like a urinalysis did not show a bladder infection (and, ordinarily, it would have shown this).  It may have been logical for the doctor to diagnose flu, depending on your Dad's symptoms.  Depending on how much time elapsed between the time your Dad saw the doctor and the time he was admitted to the hospital, the doctor's error may have made little difference.  Only an experienced medical malpractice attorney can sort all this out and advise whether you have a case.


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