Brooklyn, NY asked in Medical Malpractice and Personal Injury for New York

Q: Can I sue for psychiatric misdiagnosis that caused emotional harm?

I was misdiagnosed with delusional disorder in psychiatric inpatient care. The very reason I was inpatient was because no one in my life believed I had chronic illnesses that plagued me for decades. They went out of control during this time because I was withdrawing from a medication I had been on for years. Stress exacerbated them .

I finally had several physical diagnosis that were at the time not well known . I also had psychiatric diagnosis resulting from trauma, but I was not delusional. My medical dr even called this Dr that gave me this label and confirmed my physical issues. I ended up having to fight to be released because I refused their medication. The way I was treated and reading this diagnosis caused so much emotional harm that I am now starting to heal from. It only made me regress and fearful of people .

The diagnosis is still on my chart.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: Such a case is possible.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your case.

Consult with experienced malpractice attorneys in the state where this occurred.

1 user found this answer helpful

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Sorry to hear what happened to you. As my colleague correctly advised, in any medical / psychiatric malpractice case, you need to demonstrate a departure from the standard of care and that the departure caused you harm. That said, emotional harm, without more, would likely not justify the time and expense of a psychiatric malpractice lawsuit.

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