Legal Question in Medical Malpractice in Arizona
My 9 year old daughter went to her pediatrician for a routine yearly exam. A urine sample was taken and sent to a local laboratory. A few days later we received a call from pediatrician indicating that there was a large number of sperm in her urine sample along with elevated white blood cells and calcium and that the police dept was informed of the finding. Since then my husband and I have have been contacted and interviewed by CPS & the local PD. My 2 daughters were pulled from school by CPS and PD and interviewed- in addition my 9 year old was subjected to an interview with a forensic interviewer as well as rigourous gynecological exam by the PD Nurse Practicioner. Since he was the only male in the family, my husband was told he cannot come in any contact with my daughters until addl urine & DNA testing was returned. We cooperated entirely with the PD. My husband provided a DNA sample and took a lie detector test which he passed. In addition, the PD had my daughter provide another urine sample that they had their lab process expeditiously so they could compare the samples. Today we received word that the Sonora Quest lab that the original sample was sent to had a new employee processing the urine sample and may this employee may have used either a tube that was contaminated previously with another person's sample or may have inadvertently poured someone else's urine sample into a tube with my daughter's name on it. The PD was able to retest the original sample and the sample came back with none of the original finds - no sperm, no elevated white blood cells or calcium in the urine. The PD dropped the case. Are we entitled to any damages from the lab for the emotional stress, embarassment to our family and to my daughter being subjected to these actions at such a young age. I am not sure if this is considered malpractice or if I should find a lawyer with another industry of experience. Any advice would be greatly appreciated. Thank you.
1 Answer from Attorneys
Yes, this is definitely the subject of a potential malpractice claim. I don't handle that kind of law so I would direct you to someone who specializes in that area, but what I will say off the top is that the lab was negligent if not grossly negligent. A claim for negligent infliction of emotional distress plus all the other typical malpractice claims would be in order.
Good luck!
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