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Question

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

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.

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