Can I sue for a false pregnancy test stemming from a lab error?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue for a false pregnancy test stemming from a lab error?
I went to the urgent care for abdominal and back pain. I was told I was pregnant by a blood pregnancy test. I later went to the ER to be told it wasn’t after another blood test, pelvic exam, and ultrasound.
Asked on July 24, 2010 under Malpractice Law, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
One can always sue but the question is what would you sue for? What are your medical damages for a lab test error? Oftentimes, medical tests especially for pregnancy can be wrong. In order to prevail for medical malpractice, not only would you have to show damages but more importantly that the tests were done negligently. If the tests were done properly, there is always a percentage margin of error. So consider having the hospital waive your medical fees for the more expensive visit and see what happens.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.