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My husband wants to no if you can sue a hospital for a false diagnosis?

Discuss Prostate Cancer

My husband wants to no if you can sue a hospital for a false diagnosis?

Postby ephraim » Tue Jan 22, 2013 6:24 pm

My husband has had a lump in his testicles for 5 years has been to 3 different hospitals and multiple different doctors that said he had a cyst without running any tests he finally found a doctor who ran tests and found out he has testicular cancer he wants to sue the doctors for being misdiagnosed for 5 years can he legally do that
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My husband wants to no if you can sue a hospital for a false diagnosis?

Postby peppino41 » Tue Jan 22, 2013 6:36 pm

He can try but seriously doubt he would get anywhere with it.
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My husband wants to no if you can sue a hospital for a false diagnosis?

Postby kulbart » Tue Jan 22, 2013 6:41 pm

Sometimes, but not always. But act quickly, the statute of limitations is often very short on medical malpractice cases. Contact a lawyer ASAP.
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My husband wants to no if you can sue a hospital for a false diagnosis?

Postby birr » Tue Jan 22, 2013 6:44 pm

I think yes (pretty shure actually).
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My husband wants to no if you can sue a hospital for a false diagnosis?

Postby leo51 » Tue Jan 22, 2013 6:47 pm

in America, yes. and he'd have to sue the physicians, not the hospitals. [hospitals don't diagnose anything, physicians do].

but, in order to win, he'd have to find evidence that the condition should have been diagnosed earlier based on the evidence that presented at the time. Failure to run tests isn't a winning case all by itself -- there are thousands of tests that could be run and most would simply waste your husband's money. He'll also have to present evidence that he has been lastingly harmed AND that this harm likely would not have happened (or would have been much lesser) if the proper [at the time] protocols had been followed.

naturally, a specialized attorney who works in exactly this area will have to be found.
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My husband wants to no if you can sue a hospital for a false diagnosis?

Postby absalon73 » Tue Jan 22, 2013 6:51 pm

First, you need to understand that even as important as your health is, medicine is NOT an exact science, and it is a lot of guesswork. Based on the fact that you have stated THREE different hospitals and doctors have told him it was a cyst, it was the most obvious condition for the symptoms. If it changes (which is why I'm assuming he continued to see doctors for it), then it may be time to look at alternative conditions that he may have.

If you (or your husband) want to be tested for every possible condition that shows these symptoms, I'm sure your insurance company will be happy to accommodate and pay it, provided that you pay them the premium that they would require for such a policy.
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My husband wants to no if you can sue a hospital for a false diagnosis?

Postby alin » Tue Jan 22, 2013 6:56 pm

He can sue anyone for anything. To be successful, he would have to prove that there is some standard of care --- that basic knowledge would have led all he docs to the same tests and the correct result. (BTW, he would also have to prove that the first diagnosis were wrong, and the cancer diagnosis was right). Finally, he would have to prove that the poor practices caused some harm. The misdiagnosis did not caused the cancer, but only the delay in the diagnosis and I do now if that was harmful in some way.
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