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Recent hospitalization misdiagnosed on permanent record with…

Customer Question
Recent hospitalization misdiagnosed on...

Recent hospitalization misdiagnosed on permanent record with bipolar disorder

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Rochester NY

Lawyer's Assistant: Has anything been filed or reported?

I haven't done anything but make phone calls

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Dx made because I have narcolepsy and take ziprasidone off label use! Egregious jump to conclusion

Submitted: 11 months ago.Category: Legal
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Answered in 1 minute by:
9/17/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,105
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 11 months ago
1) Right to Amend: in writing to Health Mgt. Information Dept. so I need to write a strong letter. I also want to send said letter to everyone involved who could have made this diagnosis. Who did??? Find out? MDs and PAs. It comes up every outpatient appt I have - my perm. record. A stigma. As a former RN I am appalled. Explains my treatment. All the hospitals here are affiliated one central computer. Even the drugstore thinks I am manic depressive now. Yes it is a form of harm to the client. And negligence indeed. A mad dash to conclusion with zero data.
Lawyer: Legal Eagle, Lawyer replied 11 months ago

i'm so sorry to hear about this situation. I think that amending your record is going to be a smart thing to do. Start their first. However, if you are looking to sue, then negligence based on medical malpractice is going to be the way to go.

Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand. It may be difficult to categorize how much pain and suffering you've had from this, but their insurance carriers could help. Even if you don't find out specifically who made the diagnosis, it can be determined readily through the discovery process if you bring a lawsuit. Did you have any other questions for me?

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