Legal Question in Health Care Law in Florida

Health information

I recieved a very scary call that lead to medical treatment and strain on my relationship with my fiance. The information which lead to the call was false and even thought results received by them indicated that fact, they neglected to call me. They let me go on thinking I was infected until I returned in two weeks for my results, during which time I was taking medication that I did not need. I lost time from work and I also want to see their policy changed so that this does not happen to others. Do I have any legal recourse? I can not afford legal fees. Thank you for your attention to my request. Dawn


Asked on 10/17/07, 11:12 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Health information

Dawn, there is a brand new Florida Supreme Court case that might allow you to bring a claim, but the real question is what your damages are. You are not ill. It is unclear why you lost time from work. Theree is no indication that taking the medication for two weeks hurt you. Your distress lasted only two weeks.

The policy probably has been changed and, if it has not been, a lawsuit cannot force a policy change.

I am going to guess by the substance of your e-mail that you were falsely told that you had some sexually transmitted disease, so bringing suit will put your sexual habits into the spotlight. Do you really want that? Some people that might end up on a jury would blame you for being in a sexual relationship outside of marriage or, at least, for not using appropriate protection. The process itself may cause you a good amount of stress.

While you probably do have a case, it is not one that will be any type of financial windfall for you. There is not much in the way of damages, so it will be hard to get a lawyer to handle the case on a contingency.

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Answered on 10/21/07, 11:44 am


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