Albion, NY asked in Medical Malpractice for New York

Q: If 1 hospital, then discharged to different hospital as Out Patient, both misdiagnose each incorrect who can be sued?

If 1st hospital misdiagnosis, mistreats, then alters patient records, then discharges to out patient as a intentional diversion? What are the legal rights of a patient who has been wrongly labeled, misdiagnosed 2x and wrongly held in the mental health system. 1. illegally detained 2. wrong meds, wrong treatments, few years later found out through document review signs of altering/tampering have been found, in other words to intentionally "conceal" the medical errors that were made, and not reported etc..what is a patients right legally against hospital 1 and then hospital 2. Who can be sued, and is it under State or Federal Law?

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: Because there is not clinical/laboratory way of proving you have one condition as opposed to another,mental health diagnosing cases are extremely difficult to bring. You also would have a statute of limitations issue as in all states cases for malpractice have to be brought in a period of time--in your case I believe it's two years six months from the end of any continuous course of medical treatment at that facility. You want to contact an attorney who handles mental health diagnosis cases.

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