If my doctor gave me incorrect results of having a STD and I didn’t have it, would I have a case and if so what steps should I take?

UPDATED: Dec 7, 2011

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If my doctor gave me incorrect results of having a STD and I didn’t have it, would I have a case and if so what steps should I take?

Asked on December 7, 2011 under Malpractice Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You probably do not have a case:

1) Even if there was malpractice (see below), there must be some damage or injury--other than just being upset; the law does not provide compensationo for that--resulting from the action. You would not have suffered physical injury, so unless you can show that you incurred some significant economic loss or cost due to the incorrect diagnosis, there is nothign to sue for.

2) Even if there was injury or loss, the mere fact that the doctor was wrong does *not* mean it was malpractice. The law accepts that sometimes the best doctors do everything right but still get it wrong--the practice of medicine is not perfect. You would have to show that the doctor, in administering, analyzing, and/or reporting the test results, did not provide the generally accepted level of medical care--i.e. that he/she was careless, poorly trained or educated, using the wrong techniques, etc.--to establish liability.

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 AttorneyPages.com 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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