What can I do if 2 years ago I was misdiagnosed twice when visiting a local hospital?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if 2 years ago I was misdiagnosed twice when visiting a local hospital?

They sent me home without proper testing. After I finally was diagnosed with viral meningitis.

Asked on November 3, 2014 under Malpractice Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).

It would be advisable to contact a medical malpractice attorney immediately because the statute of limitations in Michigan in a medical malpractice case is 2 years from the date of injury or within 6 months from the date you discovered or should have discovered the injury whichever date is later, but in no event more than 6 years after the date the act occurred.

If you were a minor when the misdiagnosis occurred, you have one year after the date of injury but in no event less than 2 years after the date of the act giving rise to the injury.

If the statute of limitations has expired, your medical malpractice claim is barred.

If you have not missed the statute of limitations, a lawsuit should be filed immediately for negligence against the hospital.

If the statute of limitations has not expired, it still may be possible to settle the case with the hospital's insurance carrier.  Your claim filed with the insurance carrier should include your medical bills, medical reports, and documentation of any wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document your illness and misdiagnosis and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

Again, you should contact a medical malpractice attorney immediately to determine whether or not the Michigan statute of limitations has tolled (expired).




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