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Can I sue the hospital for the wrong lab results?

Orange, CA |
Filed under: Medical malpractice

I got the test results from online showing that I have a high chelesterol and a high blood sugar. Doctor asking me to review my test results in person because he was very concern that i will have diabetes, but I am no longer in health insurance plan. My family and I was worried and stress a lot.

Two weeks later, I decided to go check at low-cost clinic. It showed that I have a normal test result. I am not sure which one gave me the right result. I probably will go to the third clinic again which will cost me another $200.00.

Should I sue the party for the wrong lab test result? If yes, should I go to attorney or file a small claim against the party by myself.

Attorney Answers 4


How do you know one of the lab tests was wrong? Maybe both tests were right. You can't say which one was right. You're not an expert. Medical experts charge thousands of dollars per day to testify in court. You haven't even had an expert evaluate whether one of these tests was wrong.

So, should you sue? The answer is definitely NO.

I'm not licensed to practice law in California so what I say here shouldn't be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds California licensure.

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I am not licensed in CA, but can tell you that both laboratory results could be correct. In addition, there is a certain amount of known error with any laboratory test. I would talk tot he laboratory and ask them if they would consider repeating the test at no cost to you. It never hurts to ask. In terms of trying to sue for the report of erroneous lab results, that would be a very difficult thing to do. The filing fees are likely to be substantial and in the end you would spend more than you could likely recover.

Talk to the lab, in this economy lots of folks are doing lots of things that we never would have imagined they would do. If the lab won't work with you see if your doctor will talk to them for you. Good luck.

Betsey Herd.
Tampa, Florida

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The cost of prosecuting a civil action and for hiring experts to prove negligence would likely far exceed the potential recovery.

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A civil lawsuit and getting the necessary experts to prove the lab results wrong would likely far exceed the potential recovery of the damages you might try to seek so I agree with Mr. Swenson's wise observation.

Meanwhile, you need to take care of your health so get that cholesterol level checked.

Good luck.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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