What are my rights if my doctor read a report without first readingmy scan and told me I had incurable cancer and was going to die?

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What are my rights if my doctor read a report without first readingmy scan and told me I had incurable cancer and was going to die?

Shouldn’t he of read the scan before and called me when he said he found out that evening instead of waiting until 1pm the next day? Those 20 hours changed my life. He said he thought the liver spot may be fatty tissue and the spot on my bone arthritis or old.

Asked on December 27, 2011 under Malpractice Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Fortunately for you, you seem to not have incurable cancer--and you seem to have found out quickly, within a day. This is important because the law does not provide or allow compensation for stress, distress, emotional upset, etc. except in very limited cases, typically involving a deliberate or intentional effort to inflict emotional harm. When someone suffers distress, but no phsyical injury or economic loss (e.g. did not go undergo expensive medical treatment), due to another party's negligence, there is no ability to recover compensation for that  distress.


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