Can I file a lawsuit for this???

Question

Okay, back in October of 2007, I went for my annual woman checkup, and they ran the usual STB bloodwork... well at first, I came back positive for HSV 2, otherwise genital herpes... never had one in my life. I got medicine, Valtrex, which made me sick so I stopped taking it. Then I got retested, and they said it wasn't type 2, it was type one. I got tested a 3rd time, and it said I had type one again. So I let it go at that, got through all the mental distress(which it caused my relationship to almost fall apart, I missed work because I was depressed over it, even felt suicidal, and started taking my anti-anxiety pills again)... well I just got tested for everything again at a different place, one that tests locally(the other place sent their tests off), and I was negative for both. No HSV 1 or 2... do I have a suit? Not only did they misdiagnose me 3 times, but I was prescribed medication that I didn't need that made me sick, and I went through a major mental breakdown period.

Answer 1

This sounds like a Class Action lawsuit in the making. Could lead to a huge settlement.



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http://www.youtube.com/watch?v=BqUPOvG5muY

Answer 2

You can actually bring a lawsuit against anyone, but be prepared to put out a lot of money because the place where you got tested has a lot of insurance. My guess that all tests have a few people who test positive when they are actually negative and negative when they are actually positive. That's why it is a good idea to go to a different clinic for a second opinion.



I've taken Valtrex for cold sores (start when feel the first tingle with 2 pills and take 2 pills 12 hours later) and have never had a reaction. It could be that you got sick because you were so upset with the kind of illness they said you had. I've also had friends who had contrary reactions to most medications - anti-depressants would make them more depressed, Valium would make they so hyper they couldn't sit, sleep, etc.



I'm sorry you had to go through this. It is terrible to have to suffer emotionally over something that (hopefully) you never had. I hope you won't let this keep you down.

Answer 3

Rather worry about filing a lawsuit, which would likely be a long, tiring, and expensive (and probably unrewarding) experience for you, I would first find a third place to get tested.



You have one place that produced one result and a second that produced a different result. How would you know which one is correct? You need to try a third place as a tie-breaker, if you will. My advice would be to worry about your health first, rather than immediately jumping on the lawsuit bandwagon. But, it is up to you.

Answer 4

You can always sue - the question is whether you have a chance of collecting anything, and only an attorney practicing in your area can tell you that - different areas produce different results for the same suit. (The first consultation is usually free, so ask an attorney if you have a case.)

Answer 5

In cases of medical malpractice, the practitioner will be judged by the reasonable standards of a doctor practicing in that speciality in the area of the country in which he lives. Unless you can show negligence in the diagnosis or otherwise, you don't have a case.



The real question here is: are you absolutely sure that you don't have herpes?

Answer 6

I'm pretty sure that you will be able to get free advice. I was wondering if I had grounds for a law suit once, and I was able to get free advice from a lawyer on the phone. I would think that there are lawyers who deal with medical issues who would be able to give you some advice.

Answer 7

No you dont really have a case. I understand that the situation can be very stressful but you shouldnt sue for it. Its time for everyone to stop sueing everyone over everything.

Answer 8

So why assume the place that consistently found you were infected is wrong, where one place finds you are not infected is right? Couldn't they have it wrong?



In any case, there is very little here that you can sue about.

Answer 9

i think you have a good would case i would definitely talk to a lawyer, but don't wait to long, their is a statute of limitations on medical, you have severe mental anguish, i would think , well good luck.