can a hospital be sued for nurse giving wrong patient information?

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can a hospital be sued for nurse giving wrong patient information?

Mother is in ICU, spoke to nurse in her care and she told me she was basically brain dead, but they would do a scan to confirm. Family got to the hospital and it was the wrong patient they gave information to me for, not my mother. Are they liable for damages since we though my mother was brain dead for hours?

Asked on February 13, 2019 under Malpractice Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they are not liable, since there is no damage beyond your emotional upset (as understandable as it is): there is no compensation for purely emotional "injury" unless the bad behavior was intentional--a deliberate attempt to harm you. A mistake or carelessness does not create liability for someone else's emotional trauma. Furthermore, even if there had been liability, it would not be worth suing: a few hours of grief or upset would result in less compensation than a case would cost to bring.


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