Can I sue whoever was responsible for the inaccurate results that went to the judge?
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Can I sue whoever was responsible for the inaccurate results that went to the judge?
I had to take a court ordered hair follicle test for visitation with my child, so I went and took the test knowing that there would be no question about passing it because I havnt done any kind of drugs in over two years. When I got the results back I was positive for amphetamine and methamphetamine so I requested the same sample be retested and results came back the same. So then I went to two other testing places and took both urine and hair test at both places and all those results came back negative. This has caused me all kinds of problems, besides the fact that its keeping me away from my child. Can I sue whoever was responsible for the inaccurate results that went to the judge?
Asked on August 25, 2012 under Malpractice Law, Arkansas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the lab for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable lab would have exercised under the same or similar circumstances to prevent foreseeable harm).
In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.
Actual cause means but for the lab would your results have tested positive? If the answer is no, which appears to be the case, actual cause has been established. Proximate cause means are there any unforeseeable, intervening acts which would relieve the lab of liability? If the answer is no, proximate cause has been established. Damages means the amount of compensation you are seeking in your lawsuit for negligence. Your damages would be the costs you have incurred and the adverse impact on your case which resulted from the erroneous lab reports.
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