Q: Two years ago in an E.R., was told I had pneumonia but didn’t tell me I had a heart attack. Can I sue?
I was taken by ambulance. Told my husband I had bacterial pneumonia which had caused some delirium. When I was admitted and coherent I was told the same thing. No mention of a heart attack by any doctor or nurse. Due to terrible care, I left shortly after being admitted and put in a room. Discharge papers had no mention of a heart attack or follow up care for one. Found out after a recent E.R. visit when a different doctor read my charts. I thought there was a mistake and told him so. Next E.R. visit another doctor mentions me having had a heart attack. I still wasn’t sure if this was correct information as I was in no way, nor was my husband, informed of this. By chance I had an appointment with my cardiologist. I asked him about this, and he checked my chart and said I did have a mild heart attack two years ago. Ironically, he never mentioned it during my six month check ups for high blood pressure. My medication had to be increased but no mention of why
A: You can sue anyone. If you are asking whether you can recover, on your facts (you sustained no harm as a result and your own cardiologist didn't mention it until you asked, 2 years later), you cannot recover. I medical negligence (a/k/a medical malpractice), the rule is no harm, no foul. Even where there is harm, you must then prove that the doctor breached his/her duty of care. If you are not harmed, there is no case.
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