Can I sue for the wrong test ordered?

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.

San Luis Obispo, CA -

Attorney Answers (4)

Paul J Molinaro

Paul J Molinaro

Medical Malpractice Attorney - Corona, CA

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
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Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA

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

Elizabeth Taylor Herd

Elizabeth Taylor Herd

Medical Malpractice Attorney - Tampa, FL

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.

George Costas Andriotis

George Costas Andriotis

Personal Injury Lawyer - Tarpon Springs, FL

More facts are necessary to give you an informed opinion.

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