What legal action can I take against a hospital for a misdiagnosis about my Achilles?
June 26, 2025
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To pursue a case, you’d need a medical expert to say that the hospital failed to meet the standard of care—meaning they didn’t do what a reasonably careful doctor would have done. An Achilles rupture is typically detected with a clinical exam and confirmed with imaging. If your physical therapist identified it right away after discharge, that says a lot.
You also mentioned being admitted for alcohol withdrawal instead of receiving proper care for your injury. If your care was sidelined for a non-emergency, and especially without your consent, that’s another factor to consider.
It’s worth gathering your records now—ER notes, imaging results, discharge summaries—and documenting everything since: missed work, pain, extra costs, and how this has changed your daily life.
Here’s a sample letter you can use to request your medical records:
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Medical Records Department
[Hospital Name]
[Hospital Address]
[City, State, ZIP Code]
Re: Request for Full Medical Records
To Whom It May Concern,
I am writing to formally request a complete copy of my medical records from your facility. I was treated at [Hospital Name] beginning on or around [Date of Visit, e.g., March 23, 2024], for an ankle injury and was subsequently admitted for medical monitoring. My name is [Your Full Legal Name], and my date of birth is [Your DOB].
Please include all documentation related to my care, including but not limited to:
- Emergency department notes
- Admission and discharge summaries
- Imaging reports (X-rays, CT scans, etc.)
- Consultation reports
- Medication and treatment records
- Physical therapy and rehab notes
- Any diagnostic impressions or recommendations
I am requesting these records for personal use and ongoing medical treatment. If there are any forms or identification you need from me to process this request, please let me know right away.
If possible, I would prefer to receive the records electronically at [Your Email] or by mail to the address listed above. Please also confirm whether there is a fee associated with this request.
Thank you for your prompt attention to this matter. I look forward to your response.
Sincerely,
[Your Signature if mailing]
[Your Full Printed Name]
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Full Conversation
Trying to determine if I should sue a hospital for a misdiagnosis…
I'm sorry to hear about your situation. Can you tell me more about the misdiagnosis you experienced at the hospital?
I hurt my ankle in a fall while walking my dog and thought it might just be a sprain. However, after a week, it didn’t get better, and I couldn’t put any weight on it. I went to the hospital to get it checked out. They did x-rays and CT scans and said nothing was broken and it would get better, but that was it.
While I was getting x-rays, my dad told them I had a drinking problem, and they decided to admit me to the hospital to go through medically induced alcohol withdrawal. I stayed in the hospital for 3 1/2 weeks rehabbing my ankle and got to the point where I could walk (well, limp) without using a device.
When did you receive the misdiagnosis, and what impact has it had on your health or well-being since then?
After I was discharged, I went to my first PT session. The guy checking me in felt my ankle and did some basic tests, and said he thought I had torn my Achilles. He immediately referred me to a specialist, who ordered an MRI. Sure enough, I had a completely ruptured Achilles tendon. I'm going for surgery this Thursday.
Because they didn’t catch it earlier, there's now growth between the two torn parts. So, they’re unsure if they can reattach the tendon normally. They’re considering alternatives like using another tendon that controls my big toe.
Thank you for sharing the full picture—what you’re going through sounds incredibly frustrating and painful.
From what you’ve described, the hospital may have missed a clear opportunity to diagnose your Achilles rupture early, which now requires more complex surgery and a significantly longer recovery. A key question in a misdiagnosis case like this is whether the delay in treatment caused additional harm—and it seems clear it did.
If early surgery could have allowed a simpler repair and shorter healing time, and now your only options involve more invasive alternatives and lasting consequences, that’s a serious impact.
To pursue a case, you’d need a medical expert to say that the hospital failed to meet the standard of care—meaning they didn’t do what a reasonably careful doctor would have done. An Achilles rupture is typically detected with a clinical exam and confirmed with imaging. If your physical therapist identified it right away after discharge, that says a lot.
You also mentioned being admitted for alcohol withdrawal instead of receiving proper care for your injury. If your care was sidelined for a non-emergency, and especially without your consent, that’s another factor to consider.
It’s worth gathering your records now—ER notes, imaging results, discharge summaries—and documenting everything since: missed work, pain, extra costs, and how this has changed your daily life.
Here’s a sample letter you can use to request your medical records:
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
Medical Records Department
[Hospital Name]
[Hospital Address]
[City, State, ZIP Code]
Re: Request for Full Medical Records
To Whom It May Concern,
I am writing to formally request a complete copy of my medical records from your facility. I was treated at [Hospital Name] beginning on or around [Date of Visit, e.g., March 23, 2024], for an ankle injury and was subsequently admitted for medical monitoring. My name is [Your Full Legal Name], and my date of birth is [Your DOB].
Please include all documentation related to my care, including but not limited to:
- Emergency department notes
- Admission and discharge summaries
- Imaging reports (X-rays, CT scans, etc.)
- Consultation reports
- Medication and treatment records
- Physical therapy and rehab notes
- Any diagnostic impressions or recommendations
I am requesting these records for personal use and ongoing medical treatment. If there are any forms or identification you need from me to process this request, please let me know right away.
If possible, I would prefer to receive the records electronically at [Your Email] or by mail to the address listed above. Please also confirm whether there is a fee associated with this request.
Thank you for your prompt attention to this matter. I look forward to your response.
Sincerely,
[Your Signature if mailing]
[Your Full Printed Name]
