Can I sue if I had an allergic reaction to a tuberculosis test?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue if I had an allergic reaction to a tuberculosis test?

My school wanted a vaccination record and I did not satisfy their tuberculosis screening nor the meningcoccal requirements. I went to get them administered, first the TB then the meningcoccal, both in the same day. After the two days of receiving the shot I went to go get it checked out. I did not have a nurse check my spot rather a receptionist at the front desk, looked at the spot and it was a small red bump. She said it looked positive and asked about my previous record. I handed it to her and she saw that I have been negative in the past, so she said that I should be fine. She wrote me down as negative and i paid the fee. Keep in mind, that a receptionist checked me and did not measure the size of the bump. OK. A few days later I began to develop a skin rash all over the left side of my lower abdomen reaching my pelvic area and a small portion of my arm. The rash spreads like spots around my legs stomach and arms, and the spot had turned much larger and red. I went to get it checked at my schools health center and they aid to get it checked by my doctor. I couldn’t get booked to a convenience hour and day so i had my parents pick me up from school I’m 21 and take me to a an emergency room back home same city I had the vaccines. The doctor said judging on the appearance of the shot he would have registered a positive. he asked me where I went so I told him everything, and then they injected me with antibacterial shot in my bottom. I asked for further assistance and for precautionary reasons the doctor advice I had an X-ray done because they are more accurate in determining whether a patient is positive or negative in tuberculosis, so I took it and he said it looked

negative. He recommended me i take it to specialist at the department of public health and to contact my insurance. However, I didn’t go because the rash was reducing and I needed to go to school. This all happened 3 months ago and although I no longer have a rash, my body was left marked at the location where the TB test was administered and in my lower abdomen where the rash was most prevalent.

Asked on November 1, 2017 under Malpractice Law, California


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

Answered 5 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
You would not have a medical malpractice case against the TB test facility for the following reasons: (1) Since your previous TB tests were negative, it was unforeseeable that you would have an allergic reaction to the current TB test.  Negligence requires foreseeable NOT unforeseeable harm; (2) You did not follow the doctor's advice of seeing a specialist at the Dept. of Public Health.  If you had done that, you might not have any remaining marks on your body.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption