New York State Liable for TB Misdiagnosis

Important note: Information in this article was accurate in 1999. The state of the art may have changed since the publication date.

New York State Liable for TB Misdiagnosis

Law News Network Online (10/20/99)
Spencer, Gary

A Court of Claims judge in New York has ruled in favor of an elderly woman who was treated for four months after receiving a misdiagnosis of tuberculosis (TB). The judge said that a mislabeled lab specimen appeared to be at fault, rejecting arguments that the woman's physician did not confirm the first report with a second TB test. In his decision, the judge wrote, "Evidence of claimant's prior exposure to TB and the multi-drug resistant strain indicated by the erroneously labeled sample made prompt action understandable and even imperative." The 69-year-old patient was told that she did not have TB after nearly four months of treatment, during which time she lost 35 pounds and was hospitalized for temporarily losing consciousness. A second trial will determine damages for the woman.

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