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

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1 Lawyer Answer

Peter N. Munsing

PREMIUM
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.

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