Then get told, upon further testing it came back indefinite. However I will be banned for life from ever donating plasma, blood, or be an organ donor. Also gave me a pamplet on HIV, told me to get tested, and to live as if I am HIV positive. Within 24hours my PCP ordered me to get tested for HIV. Which came back negative the following day.
These cases are actually a lot more common than your think. The short answer is "yes" you probably have "a case" against them. The real question is what is that case worth? The answer to that question depends on your damages. You need to have suffered some sort of economic loss, and then an emotional loss, in order to be entitled to money for this mistake on their part. It is clear that they are liable for this, but the rub comes in when we talk about how much.
You should consult a personal injury lawyer or possibly a litigation attorney. These cases are usually too small for most firms to help you, but there are some lawyers out there who will quickly step in and help you for a low fee (by low I mean maybe $1,500-2,500) and get it resolved for you in Justice Court (JP Court).
My advice is to contact a litigation attorney or a personal injury attorney and get a consultation.
This answer is not "legal advice" and should not serve as a substitute for the advice of an attorney who is licensed in your applicable jurisdiction. The statements provided herein are for informational purposes only and the recipient of these answers assumes all risk and expressly agrees to seek the advice of the appropriate counsel for his or her situation. Should any formal legal advice be sought, the recipient should contact our law firm at the appropriate phone number or email address.
Do not believe so. This is considered a medical malpractice case. The Texas Supreme Court has ruled that there is no such thing as negligent infliction of emotional distress. Same with cases where you might be exposed to something. Until you have it, you do not have a case. You should get a second opinion with a medical malpractice specialist. I will repost there.
Was my answer "HELPFUL" and/or a "BEST ANSWER?" I appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. Forrest Welmaker is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. No attorney fees unless a recovery is made. Doctor referrals are usually available.
You could consult with a Tarrant County Plaintiff's Medical Malpractice attorney (there are a few left) but as you have written the question, I cannot identify any negligence -- which must be present for a medical malpractice claim.
This answer is based on the information provided by the questioner and is not intended to form an attorney-client relationship.
Speak to a medical malpractice attorney, but the outlook doesn't look good. False positives happen all the time. That does not necessarily make the facility negligent in having one. Tests are not perfect and the law does not require them to be. Rather to hold the facility liable it has to be a breach of the standard of care.
Also, your damages seem to be very limited. "Tort Reform" in Texas made small medical malpractice cases virtually impossible. To file a petition you have to file an expert report that can costs thousands of dollars. Many medical malpractice cases are no longer cost effective because once costs are paid recovery is virtually zero.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline