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Can I sue Dr office for giving me incorrect bloodwork results over the phone ?

Union City, NJ |

Last September I had gone to Dr for my regular bloodwork and asked if he would do bloodwork for herpes 1 and 2 . I had started a new relationship and this person was diagnosed with it . Dr office receptionist called me and told me bloodwork came back Positive . . Four months later I started having symptoms . I went to OBGYN where she did bloodwork and it came back Positive for 1 and 2 . The OBGYN requested the bloodwork from last September and the report was NEGATIVE for both 1 and 2 . The receptionist at the first Dr gave me the wrong lab results . I do not know if it was listed in my chart for the call . Because she gave me the wrong lab result I now have herpes 1 and 2 . Can I sue the first Dr office who gave me the wrong results ?

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Attorney answers 4

Best Answer

Based upon the facts you describe it certainly seems the doctor's office staff gave you the wrong information. If proven that you were negative at that time and then started the relationship because you felt that you were already infected and could not be hurt by the virus and then got the virus from that individual then you may have a claim not only against the doctor's office who falsely reported the test results but also against the person who gave you the virus (if you did not know that he was infected). There would be several things to prove in these cases but it has to be looked at by a malpractice attorney (which is the same as a negligence attorney but with a specialty) to see what you knew, what the records say and what can be confidently proven. It is certainly worth a look at the records.


You need to consult a medical malpractice attorney to review your records

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I’m sorry to hear about you contracting herpes. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.

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New Jersey Medical Malpractice - Incorrect communication of Test Results. By Patrick Amoresano The event you've described is not a case of medical malpractice because the person who made the mistake is a receptionist, not a medical professional. Her mistake was one of ordinary negligence.

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