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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5131
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I tested positive for an abnormal test at my Drs office. Three

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I tested positive for an abnormal test at my Drs office. Three weeks of pure hell, emotional and otherwise, I have had to self refer to other doctors to convince myself this test was indeed incorrect. When calling the office itself, I get nothing. No apology on how they handled the situation, no advice on how to get over this, or even how and why it happened. I asked to have this removed from my medical record, and they tell me it is against the law to remove things from it. I don't want this on my record, I know people in the community, and the test was negative 2/3 times after that. Is there anything I can do on a legal standpoint?
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me what you mean by an 'abnormal test' and what you tested positive for?

Have they told you if your file has been updated to reflect that the test was incorrect or with the new test results in it?
Customer: replied 1 year ago.

Sorry, I didn't want to get to "personal." I went in for my "annual" physical, and the ANRP told me she was going to run some cultures not explaining what or why. I have been married for 10 years, together with the same man for 20. I was not presenting any symptoms, so I said, sure, why not. My test results came back a few days later over email via the patient portal. Everything was normal, except for a high TSH level, and that I had gonorrhea. Yes, you read that right, I apparently had an STD. The email stated that my prescriptions were called into the pharmacy, and it was very easily treated, so I could do a course or two, and check back with them in October. This was also repeated in a phone call to the nurse at the clinic. It seemed as if no one cared about what I had, just that it was "easily" treated. I naturally wanted to kill my husband, because I know where I have never been, so he would have been the likely culprit. He flat out told me the test was wrong, and we will just go have a repeat test. I of course, am freaking out, so I messaged the ARNP back, asking her to repeat my test. I heard nothing back from her, and when I called the next day she wasn't in, so my husband called his Dr at the same clinic. He simply ordered a test for both myself and him. The nurse/LPN/MA whoever I met with explained what I needed to do to get a good test result, but when I asked her how accurate these tests were she told me that they were 99.9 percent accurate. That simply either myself or my husband were lying to each other. I was an emotional wreck looking at the possible demise of my marriage. A few days later, both of our tests came back negative, but then I got a call from one of the nurses there, saying that I will get a call from the state department because they have no choice about reporting this. I asked them not to, because it was a false positive, and I have no idea how it happened. She just simply said, it was out of her hands. I had lost all faith in that clinic, so I called customer service asking if I could be referred our to a specialist for a third test to be sure. I was told I could self refer for those issues, so I did. My third test came back negative, with a full guarantee, that I did not indeed have an STD. When I called the quality of care department, I told them the story, and have yet to hear back. That was one weak ago. I have been an emotional rollercoaster for the last month because of this. I am working on moving past this, and changing my insurance but this is still on my medical record. They have informed me that they can't legally remove this from my record, the can amend it but not remove it. As of today, there is nothing that I can see this has been attempted. I know people at the clinic, and would be mortified if they really thought I had this. I work in the medical field, and people will always talk. I just need to know how to move forward. Thank you for listening.

Expert:  Joseph replied 1 year ago.
Thanks Michelle,

I'll look into this and get back to you soon.
Expert:  Joseph replied 1 year ago.
Hello Michelle,

Unfortunately, I'm afraid that they are correct that they cannot legally remove any of your medical records, even though the test was a false positive.

They can only add to the medical records stating that this was a false positive test and that you do not have gonorrhea/

As you are probably well aware, it is a HIPPA violation for your information to be disclosed to anyone (other than medical professionals involved in your treatment and care) without your consent, so you could file HIPPA violations against those people.

Additionally, it is defamation per se for someone to spread false information that you have an STD, so you could also sue for defamation if you found out that someone was spreading these rumors based on your false positive test results.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Category: Legal
Satisfied Customers: 5131
Experience: Attorney with significant and substantial experience in multiple areas of law.
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