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Do you think that we have a case for pain and suffering against the laboratory involved?

Brooklyn, NY |

My 14yr old daughter had a physical done in Nov/Dec and her urine was sent to a lab for routine testing and the result came back saying that she had a STD. My daughter cried and begged that something was wrong that she was not doing anything with anyone, the nurse stated that this happens everyday, kid gets an STD and they claim that they didnt do anything to get it. Her doctor recommended to start immediate treatment, but I was in shock & wanted to give my daughter the benefit of the doubt I so I insisted that they retest her. it took 2 wks B/4 we got the results the mean time my family was turned upside down as her father and I came down on her like there was no tomorrow, and & said things that we perhaps should'nt have she cried night & day .the results came back negative

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Attorney answers 8


You may. Consult a personal injury lawyer.

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Perhaps a silly question; but if you wanted to give her the benefit of the doubt, why did you come "down on her like there was no tomorrow"? Sorry, but I don't see a viable claim here.

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This is a tough case. At this point, the damages are nominal and may not warrant the time and expense that would be required to go forward. That may change however if your daughter has suffered some long term emotional injury. I agree with Mr. Adams, it doesn't sound like your daughter was given the benefit of the doubt. Don't use the legal system to assuage what sounds like your own feelings of guilt.

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False positives on these tests are, unfortunately, not that rare. As your daughter did not undergo any treatment that she was told to, nor does it sound like she suffered any emotional distress caused from outside of the home (ie-job, school, etc.) I don't think there is a case to pursue; and certainly not one that would get you greater compensation than the value of the time and expense in prosecuting one.


If she sought counseling from a mental health professional and totally fell apart from the time she was misdiagnosed until the time she was correctly diagnosed (and I am taking substance abuse, etc.,) then yes you have a claim. Unless she totally became mentally ill and you have medical records to prove it, then you have no case.


Unfortunately doctors, hospitals, nurses and laboratories make mistakes all the time. It's a good thing this mistake did not lead to life lasting change or damage. I would say this is not a case a good medical malpractice lawyer would take.


I'm sorry to hear about this, and a local personal injury lawyer can investigate, although the case may not have as much value as you would like.

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You do not mention which STD, but I must assume that it was a treatable one. I don't see much of a claim based on 2 weeks of her being upset, particularly since she knew there couldn't be anything wrong, based on what you said. These cases are expensive and I can't see an attorney being interested in this based on two weeks of being upset because her parents yelled at her.

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