Can I sue an er doctor

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue an er doctor

New Link Destination
ok my son to the er and he got xrays
due to a bad cough. The dr said the
xrays were negative but I found out
from my son’s doctor today that the
xrays showed he has pneumonia. Can I
sue her

Asked on February 23, 2016 under Malpractice Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The doctor *may* be at fault IF it was an unreasonable error--i.e. a mistake a reasonable doctor would not make. If the error was the sort that any reasonable doctor could have made--i.e. the X-rays were confusing or not dispositie or definite--then the doctor would not be at fault.
But even if they were at fault, what are suing for? You can only recover, in a malpractice case, additional (or extra) medical costs caused by the error, and "pain and suffering" if the error caused weeks or longer of signficant disability or life impairment. But if the only effect is an extra few days to treat the pneumonia and maybe one or a few extra doctor's visits, it would not be worth suing: malpractice suits can be very expensive (you need to hire a medical expert--i.e. a doctor--to write a report and testify), and you could spend more on the case then you'd get back.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption