Can a person sue a medical company for a false positive drug test.

UPDATED: Sep 30, 2022

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Can a person sue a medical company for a false positive drug test.

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day, 1-31-17, I did a follow up to a
drug test that I had to take a couple
of weeks ago. The test was administered
at another location and by a different
company. Unlike a couple of weeks ago,
today I was tested positive for
cocaine. This upsets me because I have
never done any illegal drugs. So I was
sent home by my employer because of a
result that only took 30 minutes or
less to get. Seemed like I just watched
the nurse put the sample in the bag.
The drug test was a urine sample. I
have a list of drugs and vitamins that
I take. I have contacted my physician
to see if I can get a blood test done,
because with this false test result, my
job and credibility is on the line.

Asked on January 31, 2017 under Malpractice Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You will have the burden of proof in establishing that the drug test was wrong.
You then have a case for negligence against the drug testing company.
Negligence is the failure to exercise due care (that degree of care that a reasonable drug testing company would have exercised under the same or similar circumstances to prevent foreseeable harm.
Your damages (monetary compensation you are seeking in your lawsuit against the drug testing company) would include lost income, emotional distress and any other consequences caused by the erroneous drug test.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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