Woman with suspicious look on her face.

Grisel Soto rushed to the hospital with a 101 degree fever and excruciating pain in her head. She couldn’t speak, and was acting irrational. Her husband overheard a nurse say that those symptoms were exactly like those of people who smoke synthetic weed. 

Pleading with doctors to run more tests, Soto’s husband insisted his wife had never used drugs. But ER workers ordered only blood and urine tests. Then they injected her with a tranquilizer and restrained her in a bed. There she fought for her life for 10 hours, going into cardiac arrest 5 times. She finally succumbed to what an autopsy revealed as meningitis. 

If doctors hadn’t made false assumptions, Grisel Soto would still be alive today. The nurse pegged the Brooklyn grandmother as a marijuana user. She then diagnosed her with “unspecified psychosis.” As a result of the nurse’s patient profiling, Soto’s family suffered a devastating loss.  

Are you or a loved one a victim of patient profiling? Call Hampton & King today to discuss your case and seek damages. 

Doctor looks through medical records.

What Is A Patient Profiling Lawsuit?

Grisel Soto was the victim of blatant patient profiling, which led to misdiagnosis of her illness. Patient profiling is when a medical provider determines that you have (or may have) a certain behavior or illness, based on your appearance, sex, race, or financial status. In short, it’s a type of discrimination that can lead to devastating consequences. 

Studies have shown that certain people are more at risk for patient profiling than others. Dr. Pamela Wible asserts that “profiling disproportionately impacts patients with chronic pain, mental illness, the uninsured, and patients of color.”

Is it possible to hold doctors accountable for discrimination via a patient profiling lawsuit? That depends on whether the provider’s assumptions led to medical malpractice. We’ll discuss how malpractice stems from patient profiling below. 

How Patient Profiling Becomes Medical Malpractice

In order to file a patient profiling lawsuit, you must prove that your doctor was negligent. This means that your provider didn’t treat you according to the standard of care. 

In Grisel Soto’s case, patient profiling resulted in misdiagnosis, and misdiagnosis caused her death. But there are many other types of medical malpractice. Here are some examples:

  • Discharging a patient too early
  • Misreading or ignoring symptoms
  • Prescribing the wrong medication or dosage
  • Performing unneeded surgery
  • Refusing to provide any treatment
  • Not ordering correct tests
  • Surgery errors such as operating in the wrong place
  • Providing poor aftercare or no aftercare 
  • Making the wrong diagnosis or no diagnosis at all

Patient discrimination doesn’t always lead to medical malpractice. But doctors who profile patients instead of evaluating them as individuals are more likely to do them harm. 

If you believe you or a loved one are the victim of this type of malpractice, you may be wondering, “Can I sue for patient profiling?” Read on to discover what you’ll need for a patient profiling lawsuit. Remember, it’s best to contact a medical malpractice lawyer for specific advice about your case. 

Can I Sue For Patient Profiling?

You can sue for patient profiling when your case meets 4 key requirements:

  1. There’s proof that patient profiling led to medical malpractice.
  2. You have proof that you suffered harm or injury. 
  3. A lawyer can prove that your doctor’s negligence was the cause of your injury or harm. 
  4. You can show that this harm can be compensated.  

There must be proof via tangible means, such as medical records and documents. The more information you can gather, the better your chances for winning a lawsuit. 

If you are able to prove your case, you can win compensation to cover medical bills, lost wages from being unable to work, and more. Sometimes, courts award damages for emotional distress and pain and suffering.

Woman is aching with pain.

How To File A Patient Profiling Lawsuit

Do you believe that you or a loved one are the victim of medical malpractice stemming from patient profiling? You may be eligible for compensation. But first, you’ll need to file a patient profile lawsuit. 

The statute of limitations restricts how long you have to file after negligence has taken place. So it’s important to begin this process sooner rather than later. To get started, contact a knowledgeable medical malpractice lawyer at Hampton & King today. Our staff will help you determine eligibility, gather evidence, and file your lawsuit in a correct and timely manner. 

Call today for a free consultation. It’s time to get the compensation you deserve!