Misdiagnosis

State: Michigan

I get cardio pulmonary tests at work every 2 years. The last 2 have shown a significant loss in lung capacity. I suggested that I go have it checked and they (work phys.) agreed. I took the results from work to the specialist with me when I went to the nearby hospital. The doctor looked at the results and checked me over, asked me some questions and called in an actual pulmonary surgeon. He confered with her and they both came back into the exam room and told me that I have an accelerated lung disease, and that my loss of lung capacity is accelerating about 3 times faster than the norm. I asked her if there was anything that could be done and she said "no, I'm sorry. It's hard to accept isn't it?" , and I replied yes. They gave me a prescription for an inhaler and informed me to use it several times a day, and would have to use it for the rest of my life. I proceeded to tell my children one night after I could accept it. It was not recieved too well by my children which cried and carried on for some time. I wanted a second opinion, so I made another appointment at the same hospital, but with another doctor. He did breathing tests and his conclusion was " I don't know why the other doctor told you that you have an accelerated lung disease. I do have a loss according to that doctor, but not too much more than someone else my age. My question is, do I have any recourse for the mental distress that me and my family had to go through because of a misdiagnosis? Thanks. Steve

My FIRST reaction would have been to get a second opinion. Not to cause 'mental distress' for my kids and me. I don't think it will fly.

[wtd]

I hope that the most recent opinion is correct and you live a long life.

This doesn't address the "mental distress" issue in your post,
and I don't want to take anything away from your recent good news, however, consider -

You seem to have complete confidence in whoever you were examined by last. Actually what you have is not one definite opinion, but two coflicting ones. (A man with one watch always knows what time it is, a man with two is never sure.) In other words, you can't demonstrate that the diagnosis of the pulmonary surgeon was incorrect.

So -
1) If the pulmonary surgeon is correct, you can't sue her for giving you bad news.
2) If the pulmonary surgeon is incorrect, you most likely still can't sue her for giving you bad news.

wtd
An innocent bystander

So to make a long reply even longer, I agree with Smithy.