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It still sounds like malpractice.

Generally malpractice is claimed when a patient is injured of dies as a result of some sort of medical intervention. But suppose the patient is told that they are going to die, and they don't:

A British man misdiagnosed with terminal cancer who lived his life as if there was no tomorrow is now asking for financial compensation after doctors admitted they were wrong.

John Brandrick, 62, was told two years ago he had terminal pancreatic cancer. He decided to spend his remaining time in style, quitting his job and spending his life savings on hotels, restaurants and holidays.

Brandrick even gave away his winter clothes to the Red Cross because he didn't think he'd need them come November, according to the Daily Telegraph. He and his partner, Sally, lived lavishly, expecting he wouldn't last long, said the paper.

Clearly the doctors were wrong, having admitted that they made a mistake. And clearly the patient suffered financial injury as a direct result of an incorrect medical diagnosis, doing something that most people in his situation would likely have done.

If he was told he was fine and then died he would have a case. So why wouldn't this be malpractice as well?

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