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socrateaser, Attorney
Category: Personal Injury Law
Satisfied Customers: 39139
Experience:  Retired (mostly)
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can i sue for misdiagnosis and pain and suffering

Resolved Question:

Can you sue for a misdiagnosis? I was told I had Hep B. The doctor told me that i was very contagious and to close all wombs etc. I felt like I was something nasty. She told me this news on a Friday night, right around the time for her to go home. She left a message on my answereing machine and than told me to have a nice weekend. I was shocked. That whole weekend was a horror show. I suffered anxiety attacks, Went back and forth to the hospital. Panic attacks one after another. I couldn't reach anyone for counseling. That monday I called back the doctor to speak to someone and to have my test results faxed to me so that I could see a specialist. I couldn't get a soul on the phone. I was transferred to everyone's voice mail. This fertility clinic just didn't care.I live in Mass. I have medical coverage in the state of NY. I had to drive all the way to newyork to see an infectious disease specialist. He was no help what so ever! He sent me back to Mass and told me to call
Submitted: 9 years ago.
Category: Personal Injury Law
Expert:  socrateaser replied 9 years ago.
Your facts don't state how long the misdiagnosis lasted before you discovered that you did not have Hep-B. How long, and how did you discover the mistake?
Customer: replied 9 years ago.
I was going through INvitro, i had to give blood and was going through the last screening test. the misdiagnosis lasted for a week. I was going crazy trying to figure out what to do and how. The doctor from the INfectious disease center in mass discovered it just by looking at the test results. Why didn't they just retake the test before telling me that i was hep b positive. If a doctor can just look at it and tell it wasn't correct, than why didn't they?
Customer: replied 9 years ago.
Now I am at the hospital every time i turn around for something. I have turned into this hypochondriac. It's absolutely terrible. My last hospital visit was for GERD. My stomach is extremely nervous now. I thought I caused myself to get an ulcer.
Expert:  socrateaser replied 9 years ago.

Suits for negligent infliction of emotional distress have been allowed by the courts where a physician has misdiagnosed an illness and the patient suffers emotional distress to the point where he/she requires medical and/or psychological intervention.

Based on your state facts, you may well have a claim against the physician or the lab on the above-described tort, as well as for general malpractice.

Contact a personal injury attorney in your jurisdiction.

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