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How can I sue biomaterials plasma for giving me a false positive for HIV and I don't have it

1 Answers. Asked on Mar 10th, 2017 on Medical Malpractice - Tennessee
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Answered on Mar 10th, 2017 at 3:21 PM
In order to sue for giving you a false positive for HIV, this is what our courts have said that you have to establish about your emotional injury: "Furthermore, we agree that in order to guard against trivial or fraudulent actions, the law ought to provide a recovery only for “serious” or “severe” emotional injury...  A “serious” or “severe” emotional injury occurs “where a reasonable person, normally constituted, would be unable to adequately cope with the mental stress engendered by the circumstances of the case....  Finally, we conclude that the claimed injury or impairment must be supported by expert medical or scientific proof."   Coleman v. Wilwayco, 2006 WL 140390, at *7 (Tenn.Ct.App.,2006) If you can establish this, then you have a case; if not, then you have no case.

 

If you would like to contact me personally by either phone or email, you may do so as follows: Patrick Johnson, Johnson, Scruggs & Barfield, 95 White Bridge Road, S. 508, Nashville, Tennessee, 37205, email: patrickjohnson@jsblaw.com; Cell: 615-646-9417; Office: 615-352-8326

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Have you been injured as a result of a doctor, nurse or other healthcare provider's mistake, misdiagnosis or professional negligence? If so, you may be entitled to compensation for your injuries under your state's medical malpractice and personal injury laws. Medical malpractice claims can arise from a doctor's failure to diagnose a health condition, misdiagnosis, medication error, negligent behavior or mistake during childbirth that causes birth defects. Medical malpractice attorneys can review your medical records and help determine whether your have grounds for a lawsuit. If appropriate, your lawyers can file a lawsuit, attempt to negotiate a settlement on your behalf and represent you during trial, if a settlement can't be reached.
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