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Do you think that we have a case for pain and suffering against the laboratory involved?

Brooklyn, NY |

My 14yr old daughter had a physical done in Nov/Dec and her urine was sent to a lab for routine testing and the result came back saying that she had a STD. My daughter cried and begged that something was wrong that she was not doing anything with anyone, the nurse stated that this happens everyday, kid gets an STD and they claim that they didnt do anything to get it. Her doctor recommended to start immediate treatment, but I was in shock & wanted to give my daughter the benefit of the doubt I so I insisted that they retest her. it took 2 wks B/4 we got the results back.in the mean time my family was turned upside down as her father and I came down on her like there was no tomorrow, and & said things that we perhaps should'nt have she cried night & day .the results came back negative

Attorney Answers 8

Posted

You may. Consult a personal injury lawyer.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

Perhaps a silly question; but if you wanted to give her the benefit of the doubt, why did you come "down on her like there was no tomorrow"? Sorry, but I don't see a viable claim here.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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7 lawyers agree

Posted

This is a tough case. At this point, the damages are nominal and may not warrant the time and expense that would be required to go forward. That may change however if your daughter has suffered some long term emotional injury. I agree with Mr. Adams, it doesn't sound like your daughter was given the benefit of the doubt. Don't use the legal system to assuage what sounds like your own feelings of guilt.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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Posted

False positives on these tests are, unfortunately, not that rare. As your daughter did not undergo any treatment that she was told to, nor does it sound like she suffered any emotional distress caused from outside of the home (ie-job, school, etc.) I don't think there is a case to pursue; and certainly not one that would get you greater compensation than the value of the time and expense in prosecuting one.

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Posted

If she sought counseling from a mental health professional and totally fell apart from the time she was misdiagnosed until the time she was correctly diagnosed (and I am taking substance abuse, etc.,) then yes you have a claim. Unless she totally became mentally ill and you have medical records to prove it, then you have no case.

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3 lawyers agree

Posted

Unfortunately doctors, hospitals, nurses and laboratories make mistakes all the time. It's a good thing this mistake did not lead to life lasting change or damage. I would say this is not a case a good medical malpractice lawyer would take.

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Posted

I'm sorry to hear about this, and a local personal injury lawyer can investigate, although the case may not have as much value as you would like.

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4 lawyers agree

Posted

You do not mention which STD, but I must assume that it was a treatable one. I don't see much of a claim based on 2 weeks of her being upset, particularly since she knew there couldn't be anything wrong, based on what you said. These cases are expensive and I can't see an attorney being interested in this based on two weeks of being upset because her parents yelled at her.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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