If I just learned that 2 years ago I was misdiagnosed with bilateral proximal tubal occlusion and this has caused mental, and emotional pain, what can I do?

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If I just learned that 2 years ago I was misdiagnosed with bilateral proximal tubal occlusion and this has caused mental, and emotional pain, what can I do?

Asked on October 9, 2014 under Malpractice Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If "all" you suffered was mental and emotional pain, you likely are not entitled to any recovery; as a general rule, even though such pain is real, the legal system does not allow compensation for it when the injury was caused by simple negligence, including malpractice--generally, there would have to have been an intentional bad act, such as an effort to harm you mentally or emotionally, to get compensation for this sort of non-physical injury. You can, of course, report the care provider who made the misdiagnosis to the state agency or board which licenses doctors.


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