If I received an incorrect diagnosis, can I file a lawsuit against the lab?

I was tested for herpes 1 and 2 by a well-known. The results they gave said “evidence of past infections with both types of Herpes, 1 and 2, meaning I had the oral and the genital type. I’ve never had symptoms anywhere in my body, but they said I had the antivirus for both types. That desvastated me not to be dramatic; the news almost killed me. I went into a deep depression. Many months later I got tested again, using a very accurate and expensive test. I was negative for both types. Can I file a lawsuit against the lab?

Asked on August 17, 2012 under Malpractice Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Possibly you may have a factual and legal basis for a complaint against the laboratory that incorrectly advised you that you had "herpes". The issue that I see would be what would be your special damages? Loss of income? Medication costs?

From what you have written, I suggest that you consult further about your legal options with a personal injury attorney that practices in the area of medical malpractice.

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