Can I sue if my old doctor was arrested and charged with ordering unnecessary blood tests in exchange for bribes?

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Can I sue if my old doctor was arrested and charged with ordering unnecessary blood tests in exchange for bribes?

I was given blood tests all the time and so was my mother. He was found guilty, but now our medical history is compromised forever. I want to know if I have a case against him.

Asked on July 9, 2015 under Malpractice Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What would you be suing for? The U.S. legal system only provides compensation for actual, provable losses, injuries, and costs, not hypothetical or abstract ones. Even if your medical history is "compromised," unless you can link that to some concrete loss--such as losing a job or being turned down for insurance due to incorrect medical history; or having had an unnecessary operation due to incorrect medical history--there is nothing to sue for and no compensation to which you'd be entitled. Being "compromised," if that does not lead to some loss or damage, is not an injury for which the law provides compensation.


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