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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99526
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I believe that my daughters paternity test is wrong, we had

Customer Question

I believe that my daughters paternity test is wrong, we had it done at Any lab test now in Houston Tx, her father and I have a court order to take another one and I know it's gonna come back that he is, can I sue the lab place for all the damages it caused to me?
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Is there anything else important you think the Family Lawyer should know?
Customer: What else do you think he should know?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If the lab made a mistake, then yes, they can be sued for negligence. The elements of a negligence cause of action are (1) The defendant owed a legal duty to the plaintiff, (2) The defendant breached that duty, and (3) The breach was a proximate cause of the plaintiff's personal injury or property damages. D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex.2002).

As such, if the lab made a mistake and this mistake is later proven, then the lab may be liable for the legal/attorney fees it cost to fix the mistake, for example.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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