Can you sue for misdiagnos is no injury?

[tracy4682]

I live in Maryland. At 7 1/2 months pregnant i began to show several signs of preeclampsia. It told my obgyn who sent me for lab tests. It took two weeks of calling everyday to get the results, they said there was nothing wrong with me. I saw another doc at the same practice next time I went in, I told him all the same things (severe swelling, tingling in my hands, spots in my vision, severe heartburn causing nausea). He dismissed it as normal pregnancy symptoms (this is my 3rd child, I had never felt so horrible before). The next week I saw yet another doc at the practice, as soon as I told her the same thing I told the last two docs, she was so worried she sent me to the hospital, where they said I had preeclampsia and my blood pressure was so high I had to be induced right away, even though it was over 3 weeks before my due date. I had to be transferred to another hospital in the middle of labor because they couldn't control my blood pressure and it was 215/135. The second hopsital was wonderful and they got my blood pressure under control and my daughter was born naturally with her and myself unharmed. But it seems so wrong that the doctors just dismissed all my symptoms and ignored my concerns, what should have been a great day with my daughter being born, was terrifying and horrible for me, my husband and all our family that was there with us. Do I have a case against them without any injury?What is the name of your state (only U.S. law)?

[JustAPal00]

No harm no foul. You can sue for damages which in this case there are none!

[barry1817]

Originally Posted by tracy4682

I live in Maryland. At 7 1/2 months pregnant i began to show several signs of preeclampsia. It told my obgyn who sent me for lab tests. It took two weeks of calling everyday to get the results, they said there was nothing wrong with me. I saw another doc at the same practice next time I went in, I told him all the same things (severe swelling, tingling in my hands, spots in my vision, severe heartburn causing nausea). He dismissed it as normal pregnancy symptoms (this is my 3rd child, I had never felt so horrible before). The next week I saw yet another doc at the practice, as soon as I told her the same thing I told the last two docs, she was so worried she sent me to the hospital, where they said I had preeclampsia and my blood pressure was so high I had to be induced right away, even though it was over 3 weeks before my due date. I had to be transferred to another hospital in the middle of labor because they couldn't control my blood pressure and it was 215/135. The second hopsital was wonderful and they got my blood pressure under control and my daughter was born naturally with her and myself unharmed. But it seems so wrong that the doctors just dismissed all my symptoms and ignored my concerns, what should have been a great day with my daughter being born, was terrifying and horrible for me, my husband and all our family that was there with us. Do I have a case against them without any injury?What is the name of your state (only U.S. law)?

In order to sue there must be negligence, then that negligence must have caused harm and there must be a financial aspect to that harm.

[barry1817]

I omitted, that in your case there appears to be no damages and no harm.

Sort of reminds me if a person is in a car accident and the car is totalled but the person isn't harmed. The insurance will replace the car, but the person doesn't get anything else, and the joke then becomes that the lawyer will wish that the person was harmed so that there is a case.

[tracy4682]

Thanks for your advice, and that is fine, I wasn't crazy about the idea of suing. But is there a way for me to report this to a medical board or something? I just am really upset that my doctors dismissed my concerns, and hate the idea that they may do it to another patient, and they may actually come to some harm because no one ever pointed out the problem before.

[ElvinMelvin]

Originally Posted by tracy4682

But is there a way for me to report this to a medical board or something? I

The Maryland Board of Physicians has a link to a complaint form on their web page.

Website: [url=http://www.mbp.state.md.us/pages/whatis.html]Maryland Board of Physicians[/url]

Form link: [url]http://www.mbp.state.md.us/forms/COMPLAIN.pdf[/url]