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Can i sue the lab that gave me a drug test with false results?

Las Vegas, NV |

I i want to go to the lab who gave me the test I TRUELY believe the lab tech was in the pocket of my union rep who was not representing me at all. He had issues with me being brought in by someone who he felt threatened by.The test results from the lab say i had just at limit for every drug they test for and the no lab tech signature. I gave a retainer fee to an attorney who did nothing for me and told me to stay home he would be working for me only to find out he did nothing to help me at all. Including having me sign papers agreeing to an arbitration , without me understanding it. now that the finding is filed can i do anything to change my file to what should be there which is no positive drug tests . have proof clean!! is there any justice?

Attorney Answers 3


You should definately hire another attorney. Interview several before deciding who you will choose, and get specifics from the attorney you hire regarding what your options are and what his/her plan of action is. I would recommend you contact the State Bar of Nevada lawyer referral service and ask for an employment attorney. A personal injury attorney would also be applicable but you would need to identify if the lab result was truly false and what harm you suffered as a result. That would have the potential to be a difficult case. Good luck.

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I know you had a bad experience with a local lawyer, but you should try again to find a local Nevada attorney with experience in the regulations and employment law matters that affect you. Those regs and laws will be highly specific to your state.

As for the medical malpractice angle of your question: all blood tests carry some risk of a "false positive" or a "false negative." Some tests more than others. Even DNA paternity tests carry a slim, minuscule risk for being wrong. Just because the test might have been a false positive doesn't necessarily mean you have a case of malpractice. The real measure of whether an error occurred is whether the medical personnel obtaining the blood, handling it, transporting it, and processing it complied with the standards of care. My guess is that proving a lack of compliance will be the hard part.

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The bottom line is that the test was clearly wrong and falsified. I understand that the labs must keep the samples for a certain length of time. I cannot get an attorney to get my sample and have it tested by another lab. Although I took another test on my own when I was terminated to prove that the original test was wrong, when I showed that I was clear of any drug use this fell on deaf ears. This has completely ruined my career of 30 + years. I have come to realize through interviews for jobs that this "bad" test is being told.


I am sorry to you had a bad experience with a lawyer, however, you should call a new lawyer before its too late. Good luck to you.

The answer does not create an attorney-client relationship and is for informational purposes only.

Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755

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