Can a doctor prescribe me medication for something that was falsely tested for? Can I sue?

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Can a doctor prescribe me medication for something that was falsely tested for? Can I sue?

I have been dealing with severe joint pain and went to my family doctor for help. I had blood work done and was told that I was being tested for a number of diseases/problems. I was told that I was tested for Lyme Disease and was put on medication after it came back as a ‘Possible False Negative’. I was then directed to see a Rheumatologist, whom told me that I was never previously tested for Lyme Disease when my family doctor sent my records over to the Rheumatologist. I am now having to get more blood work done because of this. I will be tested for Lyme Disease once again, after being put on medication for it. There is something wrong here

Asked on November 21, 2016 under Malpractice Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Failing to test you when the doctor was supposed to test you, or prescribing medicine when there were no test results to support the prescription, may be malpractice, in that it may have been the negligent, or unreasonably careless, provision of medical care. But that is not enough for a viable case: you also need "damages", or some actual injury or costs you incurred due to the malpractice. The law only provides compensation for the money you spent or injuries you sustained. At the same time, a malpractice case can be very expensive: you definitely need to hire a medical expert  to testify and should retain an attorney. Therefore, unless you incurred several or many thousands of dollars of medical costs, or sustained serious, long-lasting injury, there is no point in suing--you will spend more on the lawsuit than you get back.


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