Can I get compensation for the stress I was put through due to medical malpractice?

I had surgery at a hospital and was contacted by the hospital and told I needed to be tested for HIV, Hepatitis B, and Hepatitis C, due to a drug diversion by a former surgical technician. I had to wait 9 days for results, and the results came back negative. Can I get compensation for the stress I was put through?

Asked on February 17, 2016 under Malpractice Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The hospital could voluntarily choose to pay you compensation, but the law does not require them to do so: there is no legal right to compensation for worrry or stress (and even if there were, 9 days of worry--not even disability or pain, just stress--would be worth so little the way the law calculates things that you'd spend more time and money on the suit than it would be worth).

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