Do I have a claim against a paying/private plasma donation that did not handle my situation properly when I had a reaction?

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Do I have a claim against a paying/private plasma donation that did not handle my situation properly when I had a reaction?

I was donating blood plasma at a private company that pays $25 per donation. Every patient is checked by a RN and evaluated every time prior to donation. During the process I had a reaction where I had very blurred vision, could barely talk, etc. After I notified the phlebotomist she gave me ice packs, returned my blood cells, elevated my chair. She was calling from across the room to ask someone to get a nurse and appeared really frantic. Finally a person told her to push an alarm. For all that time I was freaking out b/c of my state AND her state. When I told the supervisor he dismissed me.

Asked on April 16, 2012 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The main issue is, what would you sue for? The law does not provide compensation for close calls, for being scared or anxious, or for someone not handling a situation properly--it provides compensation for actual economic loss or physical injury and impairment. If your reaction passed relatively quickly, and you experiencing nothing "worse" (not to make light of it) than a frightening, disorienting, unpleasant experience with no lasting repurcussions--and you also did not incur significant medical costs or lost wages as a result--then there is nothing to sue for. Even if malpractice were committed, without significant and lasting physical consequences or significant monetary loss, you could not recover enough money to pay for the cost of a lawsuit.


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