Lawsuit question.

Lawsuits And Disputes 2 views 2 answers
I found out last night that I not only have a disease (MRSA) but it's VERY VERY contagious and the hospital that I went to for an abscess that they had to lance and culture test never even bothered to call and tell me after 12 days and I only found out by going to another hospital because I was in so much pain and so very sick. I could have been around my little boy. (I have a 2 year old son!) They had a responsibility to their community let alone to me as a human being and I am not alright with that. I could have infected hundreds of people by now if I actually lived a different life. I am just wondering if anything can be done because this was gross negligence on their part, and they still have not contacted me although I already know about it, that was a happy accident.

Attorney Answers

2
James T. WeinerBusiness AttorneyFranklin, MI ·
Contact your local health department.. this is not the subject of a lawsuit unless you have monetary damages.
0 upvotes
James Lawrence ·
Lawsuits are based on loss to the plaintiff (person suing). If you already had the disease, then the hospital did not give it to you, and you suffered no real loss from the failure to inform. If you passed the disease to another person, that person may have suffered loss, but not you. To take an example of this principle, suppose that someone shoots a gun at you. If the shot misses, in most cases you will have suffered no harm at all, meaning there would be no worthwhile lawsuit. But if the shot hits you and causes you damages, then you might have a worthwhile lawsuit. You can try this, but I doubt you will find a lawyer to take as pay a percentage of the recovery, because you have not described any actual financial loss by you. If your goal is not to get rich, but to deter this kind of conduct, you can complain to the medical board, and they will investigate to see if licensing sanctions should be applied. That will not get you any money, but might make doctors think twice the next time they withhold important information from a patient.
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