Can I sue the hospital for medical malpractice ?

October 2, 2018

Question

My 30 year old son went to the ER in NYC for extreme anxiety. They diagnosed him with anxiety and secondary diagnosis "possible BPD traits". They did not admit him, sent him home with no meds just an appointment at the clinic for 3 days later. He took his own life on that day before the clinic appointment. He was a Sr Network Engineer at a well know University, smart and healthy.
That was June 2014. I have the hospital records.

Answer

I am very sorry to hear about your loss. Patient suicide malpractice cases are notoriously difficult to win, especially in the absence of a prescribing error. Since this happened in 2014, you are beyond the Statute of Limitations anyway (which is 2 1/2 years from the date of the malpractice), so for that reason alone, the case would likely be dismissed.


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