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I am not going to I am just wondering If I legally can and would it be possible to win such a case. As a child I was misdiagnosed several times and sometimes with more severe diagnoses like Schizophrenia which where based on unreliable claims. I was treated for all of these diagnoses and a neurologist proved I had none of them.
If you could prove there was misconduct that lead to a misdiagnosis, probably. But you can't sue a doctor just for getting it wrong.
Its not just getting it wrong. Its getting it wrong several times and treating patient for wrong diagnoses. Its like someone suffering from constipation to be diagnosed with cancer, aids, the flu, a broken arm and attempting to treat them for it and later finding out they had none of that and it was a much less serious thing or else they never had anything wrong to begin with.
Yes, if it's adversely affected your life from then on I think you could sue for emotional damages and whatnot
Could you win? In the USA? Certainly If some incredibly stupid woman can sue, and win a multimillion dollar settlement, from MacDonalds for choosing to put a hot cup of coffee between her legs while driving, why not?
She was elderly (79 yrs old) and got 3rd degree burns on her thighs which needed a skin graft to heal. Coffee should be hot, but not hot enough to burn grannies.
SHE made the decision to put the hot coffee between her legs, not the vender. Did she purchase iced coffee? No, she purchased hot coffee. Would YOU have put hot coffee between your thighs? Isn't boiling water necessary to make coffee? It just doesn't take a genius to expect hot coffee will burn you if you put it between your legs while driving, does it?
It was 100% her stupidity and she never should have even been allowed to file the suit, IMO. Once again, nobody wants to take responsibility for their actions in this country; it's always somebody else's fault. Bullcrap!
it were some cheap cup what made mcdonalds another 200 a day cause they all was cuttin costs. it failed cause it were too cheap. the award were 1 day coffee revenue that were immediately appealed by a giantass gaggle of lawyers and never awarded cause a bigass company done bought the outcome.
But y'all gonna side with thatall big company like the ole hippy y'all claim to be.
and who all cares what y'all think? Y'all hate America and y'all feelin all pompous cause y'all left.
stay out and let us deal with them problems what y'all made.
Not at all true; I don't support macD's or any other big corp.
But I dislike those who won't take responsibility for their own actions even more.
I have lived to see our country go from greatness to the home of the most incredibly weak minded sheep. We spy on our friends, we invade sovereign countries because we think think our way should work for them (hell, it doesn't even work for us very well any more) and we treat our citizens as criminals, without regard to the Constitution or the Bill of Rights, in the name of "Homeland" security. This will soon be a fascist state, I believe. I do not hate the United States of America; I am disappointed with what we have all let it become; big difference!
Judging by your command of the English language, you most likely couldn't deal with a pile of dog shit without getting it all over yourself, so I pity you for the mess you will make of your future. If you, Mr. "donteatstuffoffthesidewalk" are a valid representation of today's movers and shakers (loser is much more like it), then America is truly doomed.
Yes, you go on and on about America being doomed all the while being blind to the fact that your generation's blindly hedonistic, false-guilt-inducing and greedy ways have paved the way for our demise. Meanwhile you take all the fruits of your privileged labor and run away, shouting insults from afar.
You dare to judge me for my down home writing style but maybe y'all should take a good look at yourself. Anyone who truly cares will stay and take a stand no matter the cost. A fucking hypocrite runs.
So what's next? Are you going to threaten to hit me with lumber or furniture? You've extolled the virtues of those methods in the past.
Hardly the peace and love your people preached while they were allowing this nation to decay to it's current state. You should stay away and let the people who matter clean up yalls mess.
Is that erudite enough for ya Jim Bob?
If you have time, watch this (12 minutes) video about that woman. It will likely change your judgement.
http://www.upworthy.com/ever-hear-about-the-lady-that-spilled-coffee-on-herself-at-mcdonalds-then-sued-for-millions?c=reccon1
People are stupid. The doctor - for getting it wrong several times. But at the same time, he is proud of being a doctor and having a large paycheck. Like the idiot doctors that said my dad was "the picture of health for a man of his age", about a week before he was rushed off for a heart valve replacement! Makes me want to go and punch that doctor in the throat really, really hard!
As for the mcdonalds lady. She is one of the biggest idiots out there. Who puts coffee between their legs, while they drive?!
And suing them, cause the coffee was hot? It's coffee. It's supposed to be hot!
Her car didn't have a cup holder, so the reasonable thing to do is to stop and drink your damn coffee, but no. She being a senior citezen (As they are incredibly bussy), drove off like a pro. She did a piss-poor job of opening the coffee and spilled it on her self. And as wikipedia claims, her clothes absorbed the coffee and gave her the burns! Pure A-grade bullshit!
So If I drowse my clothes in petrol and start smoking a cigarette, set myself on fire, can I sue Shell, or Marlboro for 10 million USD?!
I wouldn't pay her one dime! In fact, I'd try to sue her for idiocy! Reminds me of a case, where a woman tried to sue BMW (I think), cause the GPS made her drive off a ferry ramp. She lost the case.
The satnav said "go straight" and she did. Straight into the water. I facepalmed when I heard that one.
I mean, what sort of idiot does she have to be to drive her car off a car-ferry ramp! Surely water isn't suited for driving. It's blue, wet and the top wobbles. Slightly hinting that a car can not drive on it!
Well thank you. You made my day. Lady driving straight into the water. Wouldn't instict tell her to stop? Also water is not always blue. Water is clear but changes depending what chemicals are in it. Also how the light reflects on it. Swamps are generally brown or orange.
The lawyers wanted me to sue the jiffy store for "letting" me get jumped by resentful fucktards. Like they're supposed to have a fucking security guard or something. They always find a way.
Not unless you suffered damages from it. And- statute of limitations. It may be too late to sue now.
I'm not a lawyer, but I know that a misdiagnosis alone is typically not a sufficient reason to sue for malpractice.
It takes several years of time and money to sue someone. I think you should just forget about it.You need documentation to prove anything. And I doubt you would win.