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Can I sue for the wrong test ordered?

San Luis Obispo, CA |

I went to a NP for what I thought was a thyroid/female hormone problem. The NP couldn't figure out what was causing my symptoms - so she told me she wanted to test me for Lyme Disease. Then she ordered a very expensive genetic tissue matching test that didn't have anything to do with detecting the Lyme virus. Can I sue her to make her pay for ordering the wrong test? I feel like I didn't have informed consent to have a genetic test performed too.

Also want to follow up that I had to fire this provider and find my own endo - I was ultimately diagnosed with a brain tumor that was causing my issues. She had no idea and actually delayed me getting help with these tests that seemed to have nothing to do with my symptoms.

Attorney Answers 4


  1. Best answer

    Should a business charge a customer for the wrong service, it should refund the money. At the very least, and assuming no medical malpractice case underlies, the same should hold true for a quack that orders a battery of unrelated expensive tests. A stern letter should get a satisfactory response, but if not a complaint to the health insurance company that paid for said tests might help. Should that fail, there is always the proper licensing authority for that healthcare provider as well as small claims court.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.


  2. More info is needed to evaluate. Use Avvo's "find a lawyer" tool for a local attorney to discuss in detail.


  3. You will need to contact a local lawyer for specific advice. You should remember that medical negligence cases require expert testimony and are, for that reason, very expensive to litigate. If you have not suffered long term catastrophic damage, the cost of bringing the lawsuit may dwarf your recoverable damages. If there was a delay in making your diagnosis you can recover only for the worsening of the condition.


  4. More facts are necessary to give you an informed opinion.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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