I was misdiagnosed w/an STD by a health proffessional & told my partner. Can I sue?

Question

I was told that I had an STD and was given medication for the disease during a visit to the ER for complications with my pregnancy. When I later reviewed my medical records I saw that lab results for the disease I had been diagnosed with were negative. This mistake has caused a huge amount of turmoil in my family. Serious distrust developed between my partner and I to go as far as him doubting the paternity of our child and me questioning his faithfulness. I'd like to know if I have a case and if there are any good lawyers who can take my case.

Answer 1

I'm not a lawyer, so I don't know for sure, but I think you would only have a strong case if you can prove that he was irresponsible; that is to say, it was no "honest mistakes." Unfortunately, mistakes happen all the time in the medical community and a doctor cannot be sued for all of them.

Answer 2

Normally this case would be that of a tort. In the law of tort this area deals with compensation for breach of a duty owed. Thing is to sue, under this head of the law the person seeking compensation needs to show proof of actual damage. Damage range between physical and phsyciatric injuries. Now you have not suffered a physical injury so your only bet is a mental damage. Thing is the mental damage must be one recognised by the medical profession. Simply put the distrust within the family does not amount to a medical problem! The mental damage must have been something medically recognised. Also your case doesnt seem that strong and you must take heed of this IF YOUR CASE ISNT STRONG AND YOU LOSE YOU NEED TO PAY YOUR LAWYERS FEES AS WELL AS THE PEOPLE YOU ARE SUING!!! Therefore if you take the hospital to court and lose you have to pay thier lawyers fee as well. Also you must prove that the hospital did not follow the usual course of practice in taking these tests. You need to show that when they made the error they acted out of the usual practice they are to follow. And a doctor would be called in to testify whether such a practice is usual or not....and I must tell you a doctor would not testify against his own...highly unlikely. Bottom line is you do not have a claim due to the fact you suffered no real damage family problems is neither physical nor mental injury.

Answer 3

The doctor in the emergency department had to make a diagnosis and start treatment without the tests results, and not to accuse you of anything it's also possible that somebody with exactly your problems and exactly your test results could have an STD (false negative tests are actually pretty common). The hurt feelings are something of an injury, I suppose, and the misdiagnosis would be the proximate cause, but I doubt you could show there was a breach of standard of care, which would be the third necessary ingredient to show negligence. Emergency medicine is always full of uncertainties, and the courts will recognize that it's easy to demand the impossible of those working in the emergency department.

Answer 4

This sounds like a negligence case. If you can show that the procedures the doctor used were below the standard of care used in his field of medicine you would have a good case. Basically you would need to get other doctor's opinions on whether the custom in the medical field supports the way the doctor went about his tests. You definitely suffered damages, not the least of which is the emotional distress you experienced when told of the disease.

Answer 5

As part of the medical industry, I can tell you the physician most likely felt that the symptoms were most likely to be the STD. If they had hesitated to medicate you then you'd be asking whether you could sue for that. They are constantly on the defensive because of frivolous law suits like the one your trying to concoct.

Let it go, be happy that you don't have an STD and tell your insecure partner to either enjoy their time with you and trust you or move the #$%@ on.

Answer 6

it is frivolous lawsuits like the one you are contemplating that have ruined the medical community and are a direct cause for the rise in health care costs for everyone....be happy you do not have anything wrong as for the distrust with your partner then you 2 need to be in counseling to get over this...and no you do not have a case..for what embarassment

Answer 7

You were embarrassed, and that stinks, but as far as suing the health professional, you have no case. It wasn't done in a malicious (mean) fashion, it was a mistake. The mistake didn't cause you any physical injury, so you have no damages. You can't sue.

The turmoil that was caused is unfortunate, but, its done and over with.

Let it go.

Answer 8

I am not sure if it would be much of a case, although if you had to pay for the medication or if the medication you took caused problems for your baby or pregnancy or maybe even if there was a risk that it could then maybe you could be reimbursed back but I doubt you could get a whole lot of money if there was no financial or physical problems it may cost more for a lawyer than you would get out of it.

Answer 9

Get some couples counseling with your partner. Sounds like you have trust issues. Adding to our frivilously litigious society is bad for everyone. Health care professionals are human and nothing is foolproof. Your baby is safe and you're healthy. Be grateful!

Answer 10

NO. I had a buddy that was told for 8 years he had muscular distrophy. Then, on 3rd opinion he was told he didn't. No lawyer would touch it...

BUT, why would you sue. What damage did they do to you. Why would you want to waste your time going to depositions, hearings, and trial? You really have all that kind of free time?
MOVE ON.