Raleigh, NC asked in Medical Malpractice for North Carolina

Q: Can I sue my OBGYN for "you're OK" results, when I wasn't?

I repeatedly expressed my concern to my OBGYN office to make sure I have no STDs. I asked to be tested for all STDs and went in about 4 times since then with any unusal concerns to be checked out. "Everything was OK." This was over a course of 6 months. I was concerned that I may have had contracted a STD when I was having issues with my husband seven months ago and having children in the home I wanted to be thoroughly checked for their safety and to prevent exposure. This was the utmost importance to me and I expressed it very well to them. I was reassured each time I was OK lab results were negative--I was able to kiss my children. Now, I have a cold sore out break under my nose and all I can think about is my sweet daughter getting into my chapstick or my son drinking out of my water bottle. Can I sue their practice? I paid them well to test and examine me. Now I have to consider my children's exposure and the damage they may incur in this unfortunate situation.This is life changing

Related Topics:
1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: Depends if they tested you or not. Also a cold sore can be just that--not all are sexually transmitted herpes. You can only sue for what has happened not what could have happened. Contact a North carolina Associates for Justice member--they give free consults.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.