What can I do if 3 years ago VA blood work showed that I tested positive for the Hepatitis A virus but I was not informed of the results?

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What can I do if 3 years ago VA blood work showed that I tested positive for the Hepatitis A virus but I was not informed of the results?

I discovered them on my own this year using at VA database that archives blood panels. Between that time and now, I have had liver blood work done showing elevated liver enzymes levels. I had also been admitted to the ER due to a negative niacin reaction. The ER doctors at the time asked me if I had Hepatitis to which I responded in the negative, as at that time I was unaware. There are many lifestyle choices I would have made had I known I was positive for Hepatitis. For example, I would have told my partner, discontinued the use of acetaminophen, discontinued the use of alcohol, etc. Do I have a case?

Asked on March 25, 2015 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF you can trace a significant and lasting disability or impairment, reduction in life expectancy, or costs (such as medical costs) from the failure to tell you about the results, then you may have a viable malpractice case. But without some concrete physical injury or economic cost which can be shown to have flowed from this failure, there's no point to a lawsuit: you can only recover money for actual injury or costs, not for potential or hypothetical injuries.


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