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Can I sue my doctor's office for giving me the wrong test results?

Irving, TX |

I recently had a baby and when I went back for my 6 week checkup, my doctor did some routine testing. A couple of days later his nurse called me and told me that the doc needed to see me in his office because of the results. I got her to tell me why. She said I had chlamydia. I haven't had sex in weeks because of being post-partum. Naturally I looked to my husband. He flipped out because I was accusing him of cheating. Come to find out they mixed my test up with someone else! Can I sue over almost breaking up my marriage?

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Filed under: Lawsuits and disputes
Attorney answers 2


If you sue, you have the burden of proving, by a preponderance of the evidence, that the health care provider breached its duty of ordinary care, proximately causing damages to you. Maybe a jury would give you a dollar.

[In accordance with the community guidelines of Avvo, this is not "legal advice", nor does it form an attorney-client relationship.]


The question you need to have answered is whether in your jurisdiction this constitutes malpractice or negligence which is actionable, In addition, although clearly stressful adn without intending to minimize what you went through, the key word you wrote is "almost" That sounds like you are saying you "almost" were injured, and in order to bring a suit you must have been injured. You should clearly consult a local attorney in your area who handles these types of cases
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.

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