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

Asked over 2 years ago - 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)

  1. J. Scott Dilbeck


    Contributor Level 13


    Best Answer
    chosen by asker

    Answered . 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.

  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . 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
  3. Marc Edward Stewart

    Contributor Level 16


    Lawyer agrees


    Answered . 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.

Related Topics

Medical malpractice

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

Jonathan Michael Rolnick

Medical Malpractice Case

There is an expectation when we see a physician or go to the hospital that a certain "reasonable" standard of care will be provided. In most cases, this is exactly what happens. There are... more

Employer drug test

A drug test can be a condition of hiring or of continued employment. You cannot be required to take a drug test, but you may risk your employment by refusing.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

29,260 answers this week

3,349 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,260 answers this week

3,349 attorneys answering