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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118236
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was allowed to leave the lab that drew my blood after

Customer Question

I was allowed to leave the lab that drew my blood after passing out and the tech informing me that I had a seizure. I was completly out of sorts wandering around until my wife found me shuffling around the street.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the lab did not call an emergency unit for you after having a seizure and allowed you to leave when you were not mentally capable of doing so at that time, then if any harm came to you they would be liable to you for letting you leave. While letting you leave may be malpractice, under HI law you need a medical expert to write a report and testify that it was malpractice, the second element you need in a malpractice case once you show they were negligent you also have to show actual damages. So once you get a doctor to testify they were negligence, you then have to prove actual harm came to you as result of their negligence and then you would have a case you could sue them for.