What are my rights for a misdiagnosis by 911?
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What are my rights for a misdiagnosis by 911?
My son had a 102.3 degree fever. We called 911 and they told me nothing was wrong with him and to give him a bath. He is now sitting in the hospital with meningitis. Do I have a claim?
Asked on November 14, 2011 under Malpractice Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You probably do not have a claim, unfortunately:
1) 911 is not staffed by physicians; while the operator you spoke with may have done wrong by saying what he/she did (and perhaps should be disciplined), they have no obligation to provide medical diagnosis and no liabilt for a wrong one. It would be like if you asked your sister or your child's teacher for a diagnosis--you have no right to rely on it, and they are not liable if wrong.
2) The advice they gave you may have been wrong, but it may also have been reasonable, so that it was not actionable. People are not liable for simply being wrong, but only if they were negligent or intentionally did something wrong.
3) Unless 911 acting immediately would have changed outcomes for your son, there is no damage from their actions.
While you may wish to consult in more detail with a personal injury or malpractice attorney to more fully explore your recourse in this situation, there are at least 3 possible reaons why there might be no cause of action.
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