Legal Question in Medical Malpractice in Massachusetts

Medical Blood Lab Malpractice

I have no idea if I have a case or not, but back in December, my PCP gave me a physical and full-blood work up. They told me I had tested positive for the Hep C antibody, and that I would need to get more blood drawn to see what my viral load was. Obviously, I was in a state of panic and confusion as to how I could've gotten it.

After the second blood tests were done (in January 2008), it was shown that I did NOT have any levels of Hep C in my body, nor had I ever been exposed to it (proven by a RIBA test).

My RIBA was negative, and viral load was zero. However, my doctor told me that it might still be in the early stages, and that I would need to do the same tests in three months to confirm.

I just recently had the tests done again, and again, the results showed that I NEVER had been exposed to Hep C.

This to me shows that the lab who processed my blood the first time either did the initial test incorrectly, or should've at least done the test twice before reporting the results.

Due to their incorrect initial report, I had to go get multiple other blood tests done, have other doctor's visits, and endure great anxiety.

Do I have any grounds for a case?


Asked on 5/02/08, 12:45 pm

3 Answers from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Medical Blood Lab Malpractice

Probably not, no.

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Answered on 5/02/08, 12:59 pm
Christopher Earley Law Office of Christopher Earley

Re: Medical Blood Lab Malpractice

Hi -

Sorry to hear about that harrowing experience. Give me a call if you would like to talk about your case.

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Answered on 5/02/08, 1:21 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Medical Blood Lab Malpractice

It sounds like you went through a difficult time as a result of these blood test results.

I believe most blood tests of this sort carry some percentage risk of presenting a false positive. This might be the case even if your doctors did everything correctly.

In order to build a case against your doctors (or the lab who did the processing), you would need to be able to show that the doctors acted negligently in either performing the medical work or in reporting your diagnosis.

Given the limited facts you have presented, you may want to speak with an attorney who practices medical malpractice in your area. Best of luck.

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Answered on 5/02/08, 4:49 pm


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