August 31st, 2010 | 
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A hospital said that my wife was using drugs based on a preliminary drug screen later after the confirming test it showed that she was negative for all drugs with the exception of a drug the hospital itself administered. This kind of mistake almost cost my wife and I are two little girls, our marriage, her college funds, and eligibility for state aid. I would like to sue them but don’t know on what grounds that would be or for how much.
A hospital said that my wife was using drugs based on a preliminary drug screen later after the confirming test it showed that she was negative for all drugs with the exception of a drug the hospital itself administered. This kind of mistake almost cost my wife and I are two little girls, our marriage, her college funds, and eligibility for state aid. I would like to sue them but don’t know on what grounds that would be or for how much.
Don’t know what kind of lawyer handles this and is there a way to deal with this without an attorney.
I don’t understand how this is a crazy lawsuit and the emotional distress is plenty enough. Plus my wife is not allowed unsupervised care of her children. So it is not an almost she lost her children and I have temporary full custody of them. I’m not trying to get a huge sum of money I just believe that the hospital should not be allowed to do something like this and expect us to suffer for their stupidity
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Get the evidence against them and get lawyer
Tell a rich lawyer you want money
sue the hospital? no! dont sue them its not their fault. well…if u have to sue find the particular person that did the test. but sue them? thats… not nice.
bottom line is everything is ok now.
Step one would be to call a lawyer.
but I don’t see what the hospital did wrong, Not all test are conclusive.
No malpractice
Why do people run to a doctor for any little problem but refuse to even consider the same approach when they have even what may well be a major legal problem?
Consult a LAWYER!!!!!!
Lawyers who handle plaintiff damage cases almost universally offer FREE CONSULTATIONS and they do not change a fee until the case is won, and if lost, there is no fee.
Edit to add – re all of those legal experts who have given their opinions: The hospital is liable for any act of negligence committed by any employee. If the employee was negligent in taking or mixing up a blood sample or misread a test result, the employee and the hospital could be liable for damages.
To Mathew D: Malpractice liability costs as an element of health care costs is a lie propagated by the insurance industry in their ongoing attempts to limit medical negligence liability, Evidence shows conclusively that the cost of medical negligence is less than 1% of the overall cost of health care in the US.
Also if the the error caused the poster to incur costs to save their marriage, keep custody of their kids, and/or lose some amount of benefits that they would have otherwise been entitled to, that is actual damage and the hospital and employee if liable should pay for those damages.
To op Mathew re added facts: No you cannot handle this type of case without a lawyer. You need to consult a personal injury trial attorney who specializes in medical malpractice. Contact your local bar association Lawyer Referral and Information Service. They can give your the names of a few such lawyers in your area. These services do change a small fee (usually $25-35.00 per consultation) but the lawyers DO NOT CHARGE to talk to you and do not charge a fee or retainer until the case if over (and none if you lose).
Sue them for “almost damaging” you. They will almost have to pay you.
Obviously, if you think you have a lawsuit, you should talk with a lawyer. Do you have a phone book?
Hope you can read this.
You don’t sue them, people like you, (people that are sue crazy) are the reason why health care costs so much in the first place. Then we all cry about how much health care costs. Be a man and move on, you did visit the hospital to recieve THERE help did you not, now you want to screw THEM over. grow up.
You actually had to sustain damages to win a lawsuit. “Almost” doesn’t count, although you may be able to find an attorney to represent you for a claim of emotional distress. Those suits are very difficult to win and you may find that you’ve paid out for an attorney’s retainer and you will not receive any compensation after all is said and done.
I understand your anger and frustration, but you should consult with an attorney for validation of what I have said.
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To the “lawyer” above, malpractice is treatment rendered that causes harm. Harm must be proven. Since there is no tangible harm in this case, no attorney will approach this as malpractice (maybe you). Negligent infliction of emotional distress is again, extremely difficult to prove.
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If your wife is not allowed unsupervised care of her children based *only* on an erroneous drug test result that was later corrected, you may have basis for a suit, not only against the hospital but against the agency that has made this a contingency. Is that what happened, or is there more history? Why was this drug test ordered? I think there is more to this story.
You almost have grounds. But since you don’t get to collect on what you almost lost you don’t have a valid claim. I think this will be confirmed to you when you try to hire a lawyer.
I am sorry, but I have to chime in after reading your “additional details.” You claim to have wanted to know about the LAW, but it appears that all you really want is for someone to tell you what you already think.
I think you have confused hospitals with insurance companies, and “we were so worried” with real damages. You may have a claim, but the facts as you relate them do NOT suggest that you do. No test is 100% accurate. That is why no one relies on a “preliminary drug screen.” If someone did, that is not the hospital’s fault. Do you know what “preliminary” means?
If all you want is a parrot, go to the pet store.
I am sorry to go off on you like this, but there are enough idiots in the world without you joining their ranks.