should and could my brother sue a Dr. for mistaken identity?

[Javi1962]

My brother recieved a letter from his doctors office addressed to him and he was told in the letter that he had HEP C, needless to say my brother was freaked out about this, he told me I am his brother, and I have HEP C, so i told him about the next steps he will have to take, test for viral load, ultrasound, biopsy etc. my brother and his wife could not sleep all night, he was depressed, next day he called his Doctor to see what he should do next now that he received this letter, and they looked up his information and said Mr. Garcia we apologize this letter was sent to you in mistake, this was for another patient in our office with the same last name? my brother of course was relieved and happy that he did not have HEP C, but he was pretty upset that he was put through this emotional distress !!!! do you think he can sue? should the doctors office be accountable for this error? would love your opinions on this.

[nygirl7]

My sister was told that she had malignant uterine cancer by her doctor. Thankfully she didn't call my elderly parents and tell them because the next day the doctor called back and said it was an error......she didn't even think of suing and instead thought how fortunate she was and how sad it was for the other person. And my sis is about the most self centered person I've ever met in my life......


Tell him be grateful and move on with a healthy life.

[Bill1028]

Sue?  If that happened to me it would be one of the happiest days on my life.  

[meakea]

You bro needs to move on and get over it.

[GSDgirl]

no case for that reason............NOW if they would have taken out his wife's appendix instead of the hysterectomy that was needed, maybe.

True scenario, happened to me and no, I didn't sue.............

move on

[James10500]

What are his damages.  Couldn't sleep one night.

That's gotta be worth a few million at least.  Go for it.  I bet you'll be able to get one of the best civil attorneys in the country pro Bono.

Seriously don't waste the time.  I can understand he's upset but move on.

[copyman]

Tell your brother he don't have a case. It's not like the doctor cut off the wrong arm! Tell him to move forward and be glad he don't have HCV.

[R Glass]

I never was "Sue Happy" and don't understand how people can live with themselves, If he would have went through tx, it would be a different story (wouldn't have happened). People make mistakes. I am sure your brother has made mistakes to. It is a shame that your brother went through this but I wish that mistake was made on me.

[Trinity4]

It was a mistake and it's not like your brother and his wife will suffer long term injury because of it.  I would not sue but I would consider changing physicians. It sounds like a clerical error, not really a malpractice issue.

I'm sure your brother and is wife anguished for 24 hrs but do you really think they deserve a monetary reward?  One of the reasons our health care is so expensive is because of frivolous law suits.

Trinity

[Marcia2202]

I'm sure the doctor didn't do it on purpose. Why would one want to sue for something like that?

What purpose would it serve?

I mean ... sh1t happens and no harm done. Why be so petty about this incident?

Just my personal opinion.