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If you enter a hospital, not feeling good, and you take all different types of tests while your there, the Dr. comes in and tell
Toppenish, WA
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Posted 2 months ago in Medical Malpractice
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He says to call your nearest relative, because you have cancer in both lungs and kidneys. He said that I didn't have much time to live and was sorry. I was devastated, and I told my parents, family and employer. I went to see my regular Dr. and a specialist and found out that I don't have cancer. The ER Dr. had no right to tell me what he told me. Can I sue him for mental anquish?
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Answers (1)
Roxanne Eberle
This attorney is licensed in Washington.
Posted about 1 month ago.
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I'm glad you found that you don't have cancer, and I am sorry that you had to go through the anguish of believing that you had little time left to live. That must have been very difficult.
The tort you are describing is "negligent infliction of emotional distress" and possibly some type of medical negligence. Whether or not you can recover for your anguish depends on whether the ER doctor was truly negligent in his diagnosis - just being mistaken isn't enough. It will depend on whether it was reasonable for doctors in the same situation to make the same diagnosis and handle it in the same manner that this doctor did. You should follow up with a personal injury / medical negligence attorney in your area or county. |
