Can You Sue the Hospital if They Were Wrong and Said You Didnt Have Something When Someone Else Said You Do?

soconfused asked:


i went to the hospital three days ago because i was in pain. my family doctor told me to go there to get help since i could not get to her. well i had a pretty good idea what was wrong with me same with my doctor. but the doctor at the hospital said no. i called my regular doctor and told what happened and was told to come see her emediatly. well me and her were both right and the doctor was wrong. just so you have abetter understanding of this we are talking about herpes which f there is an outbreak is very noticable (and quite painful). so there should have been no mistake at all. can i sue the hospital? ( have the bill from the hospital cleared at least since he made a mistake) and there was also talk of me haveing cancer when my doctor didnt see one sign of cancer. what can i do????
If you know what you are doing though you would know the difference between herpes and a little rash from your skin rubbing together. EVEN I KNOW THAT AND I DONT HAVE A DEGREE IN ANYTHING! If you are an OB/GYN you should know exactly what you are doing down there. and to the girl who said i am pathetic- you wouldn’t be saying this if you were going through the same physical pain i am going through. and yes i was prescribed a medication that according to my doctor and textbooks makes the situation much worse and painful. i cant even walk with out feeling the pain, can’t sit down or lay down t sleep. do i sound pathetic now?
and also i have no medical insurance of anykind. i had just started my job and my insurance hasnt started yet. i kinda feel like they didnt want to waste any of there money on me (if you can prove you cannot pay for the costs for certain reasons such as mine you pay nothing)

health care
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9 Responses to “Can You Sue the Hospital if They Were Wrong and Said You Didnt Have Something When Someone Else Said You Do?”

  • San Diego Art Nut:

    It would be tough to prove your case. You should return the bill with a detailed explanation of what happened and why you think the Dr. was wrong. Chances are you signed a release agreeing to pay for all treatment no matter what.

  • La Tua Cantante:

    I am pretty sure you can. When I was little my stomach started hurting extremely bad and my mom took me to the hospital. She thought I had food poisoning. They said I had the flu and sent me home. I continued to be in alot of pain all night. So in the middle of the night my mom took me back. They said there was nothing I could do and sent me home again. I continued to be in pain and my mom started to think it was my appendix. My mom is a nurse so she knew that a blood test would show wether or not it was my appendix. So she took me back to the hospital for the 3rd or 4th time and demanded they do a blood test. It was my appendix. I was rushed into emergency surgery and as the doctor was removing my appendix it burst in his hand. A month or so later the same thing happened to another girl only her parents didnt persistently take her back to the hospital like my mom did and the girl died at home. Im pretty sure the parents sued because the hospital is closed now.

  • uraloserface101:

    my dad is a doctor, and i am pretty sure u can sue the doctor depending on the situation and your insurance, like if u had an HMO and u went through your insurance and the doctor was wrong, then you can sue.

  • Jennifer W:

    Ask a lawyer, but I sincerely doubt you can sue anyone for misdiagnosing you unless you underwent some type of treatment and it caused irreversible damage. I have had quite a few mishaps at Foote Hospital in Michigan, for one my father was overdosed on morphine and died a few days later. He also had cancer, so we couldn’t sue because we couldn’t prove beyond a reasonable doubt that the overdose killed him, but let me add this, he walked into the hospital on his own 2 feet because he was having back pain, they diagnosed him with cancer at the hospital after he was overdosed. I have also been overdosed by a doctor at this exact same hospital, but the hospital claimed I had the flu. I know what it was, but I couldn’t prove it. Oh, and just so you know, I talked to several lawyers, they will tell you the same thing I did. ;-(

  • maRIA*** |[?]|:

    you can’t sue them, it’s just a small error, it happens, doctors aren’t always 100% correct. my brother jimmy is autistic because of a hospital he can’t talk and we have been to numerous lawyers and we cannot sue them but you want to sue them for something small like this? you’re pathetic.

  • thotful_citizen:

    You might could. You’d really have to talk with a lawyer and tell them your case and see if they could help you or not. You might could sue for medical maltreatment. If you really want to sue, it’s worth a shot.

  • GoodJuJu:

    Your doctor should not have directed you to ER for herpes. That is not an emergency at all. People will try to sue for anything nowadays so you can certainly give it a shot but I doubt it will get you anywhere. Pay your bill and deal with it. Doctors aren’t always right and you aren’t suffering any damages from the erroneous determination so why should the hospital? They shouldn’t. Herpes isn’t even curable nor did the doctor make it worse. No doctor would need to see you “immediately” for that. Frivolous lawsuit. Sounds like you’re trying to avoid a medical bill anyways and it isn’t that doctor’s fault that you have herpes. The hospital saw you and now you owe…period.

    Edit: rather than delete this answer, I will say sorry here too after reading your e-mail. Yes, I mistook what you were saying. I still say your regular doctor should have taken care of you in the first place rather than sending you off to someone that doesn’t have a complete medical record for you and therefore, may not have accurately judged by the info. given. Your doctor could have prescribed something by phone and saved you a lot of hassle with the wrong prescription. Just my opinion but if it were me, I would never see that doctor again, they didn’t take care of you but shoved you off elsewhere.

  • sami_sam:

    What money are you trying to get back? You would have had to pay the admittance fee regardless of what you went in for. If you had to pay for something EXTRA, like a test or a medication or something, then thats one thing, but the admittance fee, then no you cannot. And you can go ahead and try and sue them if you want, but you need to realize that hospitals most likely have very good lawyers on retainer, and it will cost you way more than the few hundred bucks you spent there…. I still dont get why you went to the hospital if you knew it was herpes, thats not something you normally need to go in for… Even if you were in that much pain, your doctor could have given you some pain meds or you could have just taken a bunch of extra strength tylenol and waited it out. You havent said what you needed to go in for.

    Also– there is a blood test for herpes, so I dont see how you MAY or MAY NOT have them, you either do or you dont.

    Oh and the girl who said you were pathetic— You must not have read her post well enough… She said that a hospital did something that caused her brother to become autistic, which is a lifetime debilitating neurological condition. The hospital you went to didnt do anything WRONG to you, they just misdiagnosed you when you already knew what your diagnosis was, and its just herpes, a very common ailment. You arent out that much, and you would have been out that no matter what. They didnt cause you any damage, while they caused brain damage to her brother, something her family has to deal with (and pay for) for the rest of his life. So compared to her case, yeah its kinda pathetic.

  • AFwife:

    lol all the babies out there that have cerebral palsy because of poor delivery room techniques..and children with irreversible brain damage because of mistreated or misdiagnosed sicknesses and you want to sue a hospital over herpes??? first of all herpes isnt an emergency….you need to go to a gynocologist for herpes…….ER docs are not ob/gyns sorry to tell you. plus theres the issue that herpes is completely avoidable IF you are careful which you obviously werent so now you want to sue some poor innocent doctor over your carelessness…….you did not pay anything extra because of the wrong diagnosis so what is it your trying to recover???the only time you can sue a doctor for malpractice is if they CAUSED your problem….so if the er doctor gave you herpes then sue away. also you cant “see” cancer all the time so your doctor cant just look at you and say hey you dont have cancer they are wrong…….and untreated STDs can cause cancer so i wouldnt be so sure that you dont if your outbreak is that bad. ERs also dont diagnose cancer though so Im guessing what they told you was something along the lines of “we suggest you get screened for cancer” in which case they did nothing wrong…..as a matter of fact it was a great suggestion.