What to do if I was tested for tuberculosis and my doctor said that I tested positive, however it runs out that I really didn’t?

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What to do if I was tested for tuberculosis and my doctor said that I tested positive, however it runs out that I really didn’t?

For 5 months I took pills every day as treatment then, 4 months later at a doctor’s appointment he told me that, “There was something wrong with the testing kits that we used to test you for tubercolociis so you need to take the test over”. I re-took the test the same day and he said he would call me when he got the results to inform me if I should stop taking the medication. However, he never called so I just kept taking the meds 2 months later at my next appointment he tells I tested negative so for 7 months I took meds for no reason. Can I sue and win?

Asked on February 28, 2013 under Malpractice Law, Connecticut

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 11 years ago | Contributor

In my opinion, you cannot sue and win because you have very little or no damages.  The only damage would be the cost of the medication and that is much too small to justify the enormous cost of a lawsuit.  In addition, if the test kit was defective, your doctor is not at fault.

If you suffered some long-lasting side effects from the medication, then I suggest you call some medical malpractice lawyers in your area for advice on your specific case.  If not, I suggest you forget about this.


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