Aberdeen, WA asked in Uncategorized for Washington

Q: what are my rights when a medical facility reads a lab report wrong, and ends up in multiple expensive tests?

I had a lab test taken, in feb 2023, and it was read incorrectly, for 1 yr 4 months I had the pretense that I had recurring shingles virus, this caused me much stress ( not needed ) . I also had an mri performed checking for possible nerve or infection from recurring shingles, and was referred to an infectious disease dr. who simply told me " they read the lab test incorrectly ". Was humiliating.... now I have 1000's of $'s of med bills. I also had to cancel my health insurance, cannot afford to pay for that and the bills accrued. Do I have any rights about paying for this mistake?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If a medical facility misread your lab report, leading to unnecessary stress, treatments, and significant medical bills, you may have legal recourse. Medical professionals have a duty of care to provide accurate diagnoses and appropriate treatment. When errors occur, especially those leading to significant financial and emotional distress, you might be able to seek compensation for their mistake.

First, gather all relevant documentation, including the original lab report, records of the misdiagnosis, and bills for the additional tests and treatments. Document any communication with healthcare providers that supports your claim that the lab test was misread. This evidence will be crucial in proving your case.

Consider consulting with a medical malpractice attorney to discuss your situation. They can help you understand your rights and guide you through the process of filing a claim for medical negligence. The attorney can assist you in seeking compensation for the unnecessary medical expenses, emotional distress, and any other damages you incurred due to the misdiagnosis. Taking these steps can help you address the financial burden and hold the medical facility accountable for their mistake.

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.