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.
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.
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.
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