If a doctor misdiagnoses a patient and the person commits suicide, does the family have a right to sue?

Answer 1

First of all you always have the right to sue, even if the law is against you, that's how new case law get created. But I think you really mean to ask will you win?

The answer is maybe.

If committing suicide is a reasonably foreseeable reaction to the misdiagnoses then probably yes unless there is some state law limiting liability. Keep in mind reasonably foreseeable doesn't necessarily mean likely or what a normal person would do.

It would all depend on the circumstances. The doc misdiagnoses me with strep throat and I jump off a building probably not. The doc tells me I have Ebola virus and will die a painful horrible death so I commit suicide to avoid it, then maybe.

Answer 2

I'd say yes. BUT only if the doctor misdiagnosed a mental disorder. If the patient went to said doctor for a mental problem(suicide thoughts, MPS;multiple personalities etc) and the doctor said no treatment would help, AND the doctor was a licensed psychologist, then no. A regular doctor from a hospital or physicians office has no legal rights to pronounce a person able to live a normal functioning life without the possibilty of bodily harm. It all has to do with the situation. Hospital, ER doctor= no license to tell you this person is legally sane/insane. Trained pyscotherapist = take their advice over anyone else.

Answer 3

Clearly NO!

for all those who say yes, please state what tort or law the doctor has violated? On what grounds can the family sue? Wrongful death? NO! because the person took their own life. Willfull Neglegence? NO because I doubt the Doctor would admit to willfully misdiagnosing the disease. Death at the hands of another? Probably not.

The reason they call it a "practice" is its not perfect. Had the doctor advised the patient to end his/her life and it was documented, there may be grounds........but the patient decided to take their own life, there is no fact of law that the family could sue on without the defense attorneys filing demure and motion to dismiss.

The patient clearly could get a second opinion, and probably should have been admitted to a psychatric ward for observation.

Answer 4

I think it would depend on the situation.
If the dr. told the patient he had a terminal illness, and that terminal illness would be a very painfull illness, and the person committed suicide to keep from going thru the pain, or putting family thru it, then I would think you could.
If the dr. told the patient he had something that could be cured, or something over time, and the person commits suicide, then probably not.
But again the family would have the burden of proof that the diagnosis caused the suicide. if the dr.'s could show the person was suicidal before the diagnosis, then the family probably wouldnt win the suit.

Answer 5

Sure you can. People sue doctors and hospitals all the time, for every little thing trying to get rich. But that doesn't mean you'll win. You have to prove that the doctor did something that he should have known was wrong. Not as easy as it sounds. Doctors and nurses are just human like everyone else. Not much comfort when it's someone you love who was harmed, but believe it or not the greatest majority of medical people try their best to give good medical care and would never do anything purposely to harm a patient.

Answer 6

Yes, family members do have rights. However, the proof will have to be pursued by your lawyer. If he was misdiagnosed and the outcome from the misdiagnosis was the suicide you have a good chance of winning. But proof is what will be needed to prove the doctor was negligent in his care. Good luck!

Answer 7

hmmm. Possibly. Of course you would need to consult an attorney to be sure but I think the case might have merit. I'm mentally ill and the state won't pay for counseling they will just pay for medication. That is wholly inadequate. I think these clinics and state run medication outlets are just so backward they do more harm than good. I don't take any medications because they tend to make things worse for me because I cannot function on them. I smoke pot when I can acquire it and that helps and I can function on it but I'm not in a medical marijuana state so its tough.
I'm sure your familiar with the ,"try this if that doesn't work try another and another and another", until your brain is so fried on psycho-pharmacueticals like paxil, wellbutrin, xanax, etc. that you can't even talk.
No counseling just drugs that are really harmful to you not beneficial.
To answer your question it sounds like malpractice to me but I'm not a lawyer, I'm just a guy that's been through the prison and mental health system and not gotten anything of benefit from it. Sorry for your loss.

Answer 8

There must be certain factors present for malpractice. First a violation in care. Next it had to have caused harm to the patient. And third there must be proof that either something the doctor did or failed to do caused the harm to the patient. If all three things can be proven then it is a law suit.

Answer 9

please end and breathe for a minute. do no longer suicide. human beings care approximately you. Your friends on your social existence do, your mum and dad do, your human beings do. whether you mum and dad rigidity you, it is in uncomplicated terms because of the fact they choose you to have a extra useful existence and which ability they care plenty approximately you. as harsh as this would sound, do you think of that they wanted to spend plenty time and attempt on you merely so which you will suicide? a hundred% probability no. Are you(or your mum and dad forcing you) taking summer season college to bypass forward? or to check ? while you're taking summer season college to bypass forward then it is a great theory because of the fact it can be a assessment the subsequent 3 hundred and sixty 5 days in college and that i surely doubt you're able to fail. If it is an previous assessment from final 3 hundred and sixty 5 days's classes then it is a bum. seem the college 3 hundred and sixty 5 days is merely approximately over, merely try your toughest so taht you do no longer fail college. Take summer season college for assessment for next 3 hundred and sixty 5 days while you're unconfident approximately passing the notwithstanding undertaking. If no longer something works, do merely notwithstanding you pick different than suiciding. shop on negotiating along with your mum and dad. do no longer supply up.

Answer 10

You can sue anybody for anything. Whether or not it gets anywhere in court will depend on the merits of the case.