To protect you from COVID-19, we are offering a quick and easy remote intake process by telephone or video chat. Call us at 314-241-1020. Learn More

Posted on June 15, 2017 by

Gene Testing Labs May End Up in Court for Medical Malpractice

A South Carolina woman is anxiously awaiting a state Supreme Court decision that will determine whether or not she can take action against genetic testing laboratory Quest Diagnostics and its subsidiary Athena for the wrongful death of her son. The St. Louis medical malpractice lawyers at Hoffman & Gelfman want to prevent you from becoming party to a similar situation.

Will the Suit Be Brought to a Halt?
The lawsuit alleges the two companies misclassified a gene mutation in her son as a variant of unknown significance, and because of this, doctors treated her son with certain drugs, resulting in the child’s seizures worsening until his death following a severe seizure in 2008. If classified as a healthcare provider, her civil action may be stopped by a 6-year statute of limitations for medical malpractice. If deemed personal injury/wrongful death/ negligence, the discovery rule holds and the cap doesn’t apply.

The Clock is Ticking
The South Carolina Supreme Court has yet to address the issue of whether genetic testing labs are licensed healthcare providers within the meaning of state law. Because of this, the court’s decision will determine whether the lawsuit will be. This will also be significant for others seeking action against genetic testing laboratories in the state.

Concerned your loved one’s death could have been prevented? Don’t let the statute of limitations work against you. Contact your St. Louis medical malpractice lawyers, Hoffman & Gelfman, today.