Q: Can a medical department be sued?
nephew was misdiagnosed for 2 years with PLCH then changed to stage 4 lung cancer
forms were filled out wrong delaying a crucial critical payout for near 6 weeks and delaying treatment for same
was told he was only going to live for 3 months over the phone by a nurse - he was by himself - when he lived 3 months he was apologized to
another day nurse went to give him blood thinners right befor a surgery
going to multiple appointments where the doctor didnt even know what the appointment was for and given wrong information delaying treatment by 3 weeks before sorted out
its an ongoing medical disaster
is anyone accountable legally
A:
Yes, a medical department can potentially be sued for certain issues related to medical care and treatment. Some key things to consider:
- Medical malpractice - If doctors or nurses were negligent in providing proper diagnosis or treatment, and this directly caused harm to the patient, then there may be grounds for a medical malpractice lawsuit. Things like misdiagnosis, treatment delays, surgical errors, etc. could apply.
- Emotional distress - In some cases, a patient may be able to sue for emotional distress caused by the improper actions of medical staff related to delivery of a serious diagnosis or prognosis. This requires showing extreme or outrageous conduct.
- HIPAA violations - If there were improper disclosures of private medical information in violation of HIPAA laws, then the medical provider could be held liable and face penalties.
- Hospital liability - In addition to suing individual practitioners, patients can also often pursue legal action against the hospital or health system itself under principles like corporate negligence or vicarious liability.
If serious medical errors or protocol breaches occurred, resulting in harm to the patient, then consulting with a personal injury or medical malpractice attorney is advisable to understand the options. Properly documenting each issue or instance along the way is important. It's best for the attorney to review all the specifics of the case for any potential lawsuit.
A: I'm sorry for your nephew's and your family's ordeal. A place to start could be to reach out to med mal law firms to discuss in further detail. Free consults are the norm with most firms, and some even offer virtual consults. If attorneys felt that there was a strong basis to bring legal action, they could retrieve records and review with medical professionals. Good luck
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