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  #1 (permalink)
: Its my dad actually, the doctors did all kinds of tests on him and said he had a hernia. So they performed surgery on him and it turns out he didn't have a hernia, it was just some fluid. He is now complaining of the same symptoms he had before the surgery but it's worse, i think he has appendicitus. He has every symptom ot it, even if not they were wrong.

Could he sue for medical malpractice and how much money could he get?
missouri
missouri

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  #2 (permalink)
: It depends on the state. In some states, you have to prove malice. And the lawyer would be knowledgeable about, what, if anything can be sued for.
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  #3 (permalink)
: He can sue. His lawyer would have to prove malpractice and the extent as well as the damage will determine amount.
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  #4 (permalink)
: Depends on what state you're in. The laws differ greatly.

Secondly, you have to prove there was negligence.

You can't just sue because the doctors were wrong.
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  #5 (permalink)
: If your dad has appendicitis he needs to get to the ER NOW. Appendicitis is lethal if not treated in time and it happens very quickly. The appendix bursts and the person dies.

The only way to know if your dad can sue for malpractice is to talk to a malpractice attorney. They will normally give you a free consultation. Dont expect a lot of money in this case though since your dad was not really harmed.
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  #6 (permalink)
: That is not malpractice, that is a simple misdiagnosis. In order to show malpractice, you must show that the standard of care you experienced was below the normal standard of care, and making a simple error in diagnosis does not normally do that. In any event he has suffered no lasting damage, so there is no cause to sue.
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