Can I sue for a false pregnancy test stemming from a lab error?

I went to the urgent care for abdominal and back pain. I was told I was pregnant by a blood pregnancy test. I later went to the ER to be told it wasn’t after another blood test, pelvic exam, and ultrasound.

Asked on July 24, 2010 under Malpractice Law, Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

One can always sue but the question is what would you sue for?  What are your medical damages for a lab test error?  Oftentimes, medical tests especially for pregnancy can be wrong. In order to prevail for medical malpractice, not only would you have to show damages but more importantly that the tests were done negligently.  If the tests were done properly, there is always a percentage margin of error.  So consider having the hospital waive your medical fees for the more expensive visit and see what happens. 

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