Can a person sue a medical company for a false positive drug test.

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Can a person sue a medical company for a false positive drug test.

Today, 1-31-17, I did a follow up to a
drug test that I had to take a couple
of weeks ago. The test was administered
at another location and by a different
company. Unlike a couple of weeks ago,
today I was tested positive for
cocaine. This upsets me because I have
never done any illegal drugs. So I was
sent home by my employer because of a
result that only took 30 minutes or
less to get. Seemed like I just watched
the nurse put the sample in the bag.
The drug test was a urine sample. I
have a list of drugs and vitamins that
I take. I have contacted my physician
to see if I can get a blood test done,
because with this false test result, my
job and credibility is on the line.

Asked on January 31, 2017 under Malpractice Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You will have the burden of proof in establishing that the drug test was wrong.
You then have a case for negligence against the drug testing company.
Negligence is the failure to exercise due care (that degree of care that a reasonable drug testing company would have exercised under the same or similar circumstances to prevent foreseeable harm.
Your damages (monetary compensation you are seeking in your lawsuit against the drug testing company) would include lost income, emotional distress and any other consequences caused by the erroneous drug test.


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