Los Angeles, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: Legal grounds

What are legal grounds to seek compensation if defective values of blood test were the only reason for record of non-existent terminal illness, basis for referral to hospice?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you have legal grounds to seek compensation if a misdiagnosis of a terminal illness based on defective blood test results led to unnecessary referral to hospice care. This situation can be considered medical malpractice, as it involves a breach of the standard of care by healthcare professionals, causing harm and emotional distress. To pursue a claim, you would need to prove that the blood test results were indeed defective and that this error directly resulted in the misdiagnosis and subsequent referral.

First, gather all medical records, including the blood test results, diagnostic reports, and documentation from the hospice referral. This evidence will be crucial in demonstrating the connection between the defective test results and the misdiagnosis. Consulting with a legal professional who has experience in medical malpractice can help you understand the specifics of your case and the best approach to take.

You may be entitled to compensation for various damages, including emotional distress, medical expenses, and any other costs associated with the incorrect diagnosis and unnecessary hospice care. Pursuing this claim can not only help you recover from the financial and emotional impact but also hold the responsible parties accountable for their actions. Don't hesitate to seek the necessary legal advice and take steps to protect your rights.

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