Can you sue a testing lab?

Employees who test positive for drugs can sue the drug testing laboratory for negligence, seeking to recover all proximately caused damages, such as back pay or front pay. Employers should carefully select drug testing labs and consider requiring the labs to indemnify the employer against the lab’s negligence.

Can you sue for a false positive drug test?

It’s become more common in recent years for individuals to sue drug testing laboratories over false positive results. For instance, there have been cases in which plaintiffs lost jobs due to false positives and subsequently sued the labs for inaccurate results.

What should I do if I get a false positive drug test?

Your first step should be to talk to your employer. Many drug testing programs have a medical officer or someone else who is designated to speak to employees about their use of legal prescription drugs, a common source of positive test results. Find out who you should speak to and schedule an appointment right away.

What is laboratory negligence?

At the heart of a medical malpractice claim is the special, direct relationship between a patient and his or her health care provider. That is why mistakes made by laboratories most commonly qualify as negligence, as opposed to medical malpractice, given the laboratorian’s relative distance from the patient.

Can you sue for false lab results?

Can I Sue for a Lab Testing Mistake? You do have legal rights if you were injured due to a lab testing mistake. These mistakes cause patients to undergo unnecessary medical procedures and surgeries. They also delay necessary treatments for other conditions that affect the health of the patient.

What is laboratory malpractice?

The quality of medical care is depends on the quality of the information your doctor collects. When carelessness, unsanitary conditions, or poor procedures lead to damaged or misplaced specimens, patients suffer.

How does one distinguish between negligence and malpractice?

Medical Malpractice Claims Claims are often filed for surgical errors, birth injuries, medication errors, anesthesia mistakes, and misdiagnosis. As opposed to claims involving negligence, malpractice claims involve a professional that has made an egregious error that harmed someone.

How much can you sue for misdiagnosis?

Are there limits to how much money I can recover? California Civil Code 3333.2 puts a cap of $250,000 on non-economic damage awards in medical malpractice lawsuits.

Is misdiagnosis a negligence?

A misdiagnosis or delayed diagnosis itself is not evidence of negligence. Skillful doctors can and do make diagnostic errors even when using reasonable care. The key is determining whether the doctor acted competently, which involves an evaluation of what the doctor did and did not do in arriving at a diagnosis.