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Am i able to sue the hospital for failure to diagnose n misdiagnose w/ diabetes n mental illness?

Cleveland, OH |

i became sick 5 yrs ago, then started having trouble working so i went to a shrink, thinking it must be me after ER visits of passing out, chest pain etc., but they said i was fine. became drastically sick, went on disability 1 yr ago while they ran personality test, said i was skitzotypal also ADD n major depression, schizoaffective or bi-polar,then finally schizophrenic, they couldn't figure me out. i was hospitalized 2 yrs ago n found records saying my blood sugar was @ 205 w/out food, they sent me to a mental ward saying i was mentally ll, never mentioned the blood sugar. 2 yrs later i became violently sick, n was hospitalized @787 n told i have diabetes type I, now that i have insulin, i have no mind issues, this experience has set me back 5 yrs. do i sue?

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Attorney answers 4


Tough case. Statute of limitations may be a problem for the early part of the period. Issues of diagnosis and treatment of mental health are obscure. Nobody knows why these problems develop, and treatments are controversial and often ineffective. To say your diabetes caused your psychiatric problems is probably a stretch. If you have type I diabetes, that starts early in life and almost always requires use of insulin so it would be hard to show that the delay in diagnosis made a signficiant difference in the course of the disease. Hospitalization for uncontrolled diabetes could have serious consequences but your post does not explain specifically what the consequences were. "Set back 5 years" tells me nothing. Somebody else on Avvo will tell you to call a medical malpractice lawyer. It can't hurt to do so, but be prepared with some specific facts or you aren't going to get anywhere.


Agree with Attorney Brophy.


I agree with Mr. Brophy.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


The initial issue that must be addressed in your question is the statute of limitations since you state taht the ER visit occured 5 years ago. The statute of limitations in every state is different for a medical malpractice claim, but it expires in most states in 2-3 years from the date of the alleged malpractice. Thus, even if you have the strongest case, your claim may already be barred by the statute of limitation for medical malpractice claims in Ohio.

The statute of limitations for the federal anti-dumping statute, Emergency Medical Treatment and Active Labor Act, is 2 years from the date of the malpractice.

It is not worth getting the medical records if the statute of limitations has already expired. I suggest that you contact a medical malpractice lawyer in Ohio to determine whether the statute of limitations has expired. Good luck!

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