Can i sue a doctor for misdiagnoses if the back of the intake paper work has a disclaimer "not responsible"?
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Can i sue a doctor for misdiagnoses if the back of the intake paper work has a disclaimer "not responsible"?
 
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Eric P
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makes no difference |
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Artman
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The Medical Degree on the wall reads "Doctor" not "God".
Besides you are not providing any detail about your particular situation. We can't assume anything just based on a general question. |
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Angie
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You generally can not sue a doctor for misdiagnosis, it happens. They are not perfect. However, if the doctor did something unethical or used poor judgement that resulted in death, permanent and/or severe disability then you would be able to sue. Trust me, some people may win but when their attorney's get you on the stand they will shred you to pieces. |
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Purveyor of Truth (Steve B v.2)
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Just as you cannot (normally) sue for being found not guilty in a court case, you cannot sue for misdiagnosis.
There have been many cases dealing with this and common law has some mixed views about it:
Specifically, the case I'm thinking of involved a man being told he had HIV. He lived every day of his life worrying (as a normal person would) and had his life significantly altered because he thought he had HIV.
Even after all of those years, the man could not recover against the doctor for there was really nothing wrong with the man in the end.
Being told you're sick when you're not is much better (legally and bodily) than being told you're fine when you're not.
The best way to try and win a case like this is to show the "A Day in The Life Video." Works like a charm if you can show what your average day is like living with said diagnosis (or misdiagnosis).
Hope this helps |
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Sam
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NO |
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raichasays
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If the misdiagnosis caused you damages by making you sicker or making your condition untreatable because it was not caught in time, you may be able to sue. Generally a disclaimer will not excuse "gross" negligence. But it depends on what you signed, where you live and what happened. See a lawyer. |
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