Can we sue our doctor for a wrong diagnosis of STD under CO state tort laws

Asked about 6 years ago - Denver, CO

my girlfriend was wrongly diagnosed as having herpes and was prescribed valtrex, before having the blood tests come back negative for both of us. Needless to say, having that sort of diagnosis caused a relationship crisis, to the point where separation seemed inevitable, not to mention distress and worrying about the future of our 7 month old daughter.

My question is can this be considered for a lawsuit. I don't know if it would fall under the category of malpractice or something else, but we were both DISTRAUGHT over the situation and for it to be misdiagnosed and for my girlfriend to have to fill a prescription for Valtrex because of it just seems so...wrong. It's not the sort of thing a simple "my bad" can fix and its caused irreparable damage to our relationship.

Attorney answers (1)

  1. Jacob Carlos Eisenstein

    Contributor Level 9


    Lawyer agrees


    Answered . In my opinion you do not have a case. Your first problem is standard of care. The question isn't whether the diagnosis was wrong, but whether the diagnosis fell beneath the relevant standard of care. Would another specialist in this field consider this a reasonable diagnosis?

    The second problem you have is damages. Medical malpractice actions can be extremely expensive. If you add the costs of filing suits, ordering medical records, paying experts, paying court reporters for depositions, etc. the cost to bring a medical malpractice action to trial could easily exceed 30k. Now, consider your damages. Do you have additional medical expenses? Did you lose wages from work? Do you have documentation from a relationship psychiatrist demonstrating your severe emotional distress?

    *DISCLAIMER* This answer is for general informational purposes only. This answer does not constitute legal advice, nor does it establish an attorney client relationship.

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