misdiagnosis (not what u think)

California

Last year my girlfriend went to Kaiser for a check up and the lab informed her that she had syphilis and gonorhea! The lab technician instructed the tester to retest the sample as the first test's results were "unreadable".I had been (we have since broken up) faithful 100% and she was very pregnant at the time so it is impossible that she was infected. I went to the V.A. and got tested with negative results. They (Kaiser) proceeded to forward her information to the CDC. Needless to say, this has effectively ruined our relationship and caused a great deal of emotional distress. Even after I returned home with my test results she thinks I gave her 2!!! std's. Ive never had an std in my life. What are my options.

stevil said:

California

Last year my girlfriend went to Kaiser for a check up and the lab informed her that she had syphilis and gonorhea! The lab technician instructed the tester to retest the sample as the first test's results were "unreadable".I had been (we have since broken up) faithful 100% and she was very pregnant at the time so it is impossible that she was infected. I went to the V.A. and got tested with negative results. They (Kaiser) proceeded to forward her information to the CDC. Needless to say, this has effectively ruined our relationship and caused a great deal of emotional distress. Even after I returned home with my test results she thinks I gave her 2!!! std's. Ive never had an std in my life. What are my options.

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**A: one option is do nothing. You broke up correct? Not only that, you have no claims against Kaiser unless you can prove that she was a common law wife. You have no access to her medical records etc.

Please keep this all in one place as it is all related, also we need facts. Here are the links to all 4 of your threads all of which contain some but not all the facts needed to answer your questions, some provide conflicting information. We need accurate accounting of facts to provide answers even though we see the wheels rolling.
https://forum.freeadvice.com/showthread.php?t=271226
https://forum.freeadvice.com/showthread.php?t=271239

stevil said:

What is the name of your state?California
Last year my girlfriend went to Kaiser for a check up and the lab informed her that she had syphilis and gonorhea! The lab technician instructed the tester to retest the sample as the first test's results were "unreadable".I had been (we have since broken up) faithful 100% and she was very pregnant at the time so it is impossible that she was infected. I went to the V.A. and got tested with negative results. They (Kaiser) proceeded to forward her information to the CDC. Needless to say, this has effectively ruined our relationship and caused a great deal of emotional distress. Even after I returned home with my test results she thinks I gave her 2!!! std's. Ive never had an std in my life. What are my options.

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https://forum.freeadvice.com/showthread.php?t=271234

stevil said:

What is the name of your state? California
I started working for my current employer as a consultant, part-time at night. This turned into 45-60 hours a week. When I started we agreed on $20.00 an hour. Well, the long hours took their toll and my day job, where I made $17.50 hr. had to let me go. When I came to my current employer to seek a full time position they cut my pay to $15.00 an hour, citing their wholesale rate for my position was $35.00 an hour and if working overtime, their would not be much profit. I rarely get overtime and this has put a tremendous financial strain on me and my family. I feel completely violated. To top things off, I was told I would recieve a review last January. It is now almost September. Not so much as a cost-of-living increase.. What are my options? Thank you in advance.

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https://forum.freeadvice.com/showthread.php?t=271230

stevil said:

What is the name of your state? California
Yesterday my employer handed me a notice of wage assesment for child support. I make $15 an hour and have 2 children from a previous relationship. The child support order is for my new daughter. They are ordering my employer to withhold $983.00 a month!!! How is this possible?
I never recieved any notice to appear or summons or anything. How can someone survive let alone take care of previous obligations? How can someone be a Dad if they cant afford food or gas? Please, any advice will be tremendously appreciated.

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I am answering this separately.
At this point you have no cause of action because you, the health department and CDC were notified of the positive test results, that is required by law.

You will have to not only provide your recent negative test from the VA but also provide access to all your health records, in case you were infected, passed the infection on to her early in pregnancy and later were treated.

Now if there was a false positive, that is a different story, but you have not provided any facts to indicate that.

Yes I also know that there was a recent lawsuit filed in Contra Costa County re false test results and seeking damages for child support, don't get your hopes up that your situation will rise to that level or offset your responsibility for child support.

You and your girlfriend need to get some counseling and also see a personal injury or med mal attorney, if there is a possibility that the test results were a false positive. Sueing a HMO in California has a specific set of rules. You might also make a complaint to the Department of Managed Health Care: California HMO Help Center: 980 Ninth Street, Suite 500: Sacramento, CA 95814-2725. http://www.hmohelp.ca.gov/gethelp/

Re: False positive

The lab tech was instructed to retest due to a positive "screen" but undefinitive results. They failed to retest her and instead treated it as though she were infected. Neither of us had sex outside of our relationship
and she was hospitalized for 4 months right up to the date of testing due to high risk pregnancy. The lab tech informed her that I must have given it to her. We had not had sex for 5 or 6 months prior to the test.

Re: Child support

I am not nor would I ever try to avoid my responsibilities as a father. I am fully prepared to pay my share, however, don't you think that more than 50% of my net earnings are a bit excessive. Almost seems punitive to me. I have two children from a previous relationship that I am obligated to as well.

Do you see now why having 4 threads about the same subject is confusing, on another I asked you specific questions that you make partial reference and I haven't even gotten to the last on in the med mal forum.

Related matters

If you would.. Just disregard the employer issue as it is unrelated. The reason I am inquiring about the medical issue is that this is effectively what ruined our relationship. Now it has become a revenge thing. As I stated before, I was 100% monogomous for the entire span of our relationship. And unless she contracted two diseases from her hospital bed, so was she. And the fact that the lab tech's opinion factors in with her is even more outrageous. And I accept my responsibility as a father but I also have to survive, correct? I barely stay afloat with what I make now. Now how can someone with no home, and a car payment make it on half of that? Here is where I could use some expertise. Thanks

stevil said:

If you would.. Just disregard the employer issue as it is unrelated. The reason I am inquiring about the medical issue is that this is effectively what ruined our relationship. Now it has become a revenge thing. As I stated before, I was 100% monogomous for the entire span of our relationship. And unless she contracted two diseases from her hospital bed, so was she. And the fact that the lab tech's opinion factors in with her is even more outrageous. And I accept my responsibility as a father but I also have to survive, correct? I barely stay afloat with what I make now. Now how can someone with no home, and a car payment make it on half of that? Here is where I could use some expertise. Thanks

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If you look at my other reaponses and answer my questions I may be able to help you.

Right now without any other facts, it appears that the child support is fair, that is not to say that it can't be amended, but you will have to petition the court for custody and visitation and to modify the amount of child support.
You will also have to provide proof that you are paying child support for the other 2 children.

Please answer my previous questions.
Plus,
In what county do you/your ex reside?
In what county was your ex hospitalized/child born?
When was your child born?
When was the STD test given?
Was she hospitalized at that time?
Why was it a high risk pregnancy?
Why was she hospitalized?
How old are you both?
Was this a planned pregnancy?
Was a new sample collected to retest?
Did either of you make any coplaint to Patient Assistance or make an appeal?
I will have more questions but answer these and the other first.

answers

In what county do you/your ex reside? San Bernardino
In what county was your ex hospitalized/child born? Orange
When was your child born? 3-5-04
When was the STD test given? 2004 not sure of exact date but after birth
Was she hospitalized at that time? no
Why was it a high risk pregnancy? mother has fibroid tumors in uterous & weak cervix
Why was she hospitalized? see above
How old are you both? 34
Was this a planned pregnancy? yes and no. I will expound on this later
Was a new sample collected to retest? Not to my knowledge
Did either of you make any coplaint to Patient Assistance or make an appeal?
No. Despite my pleas she refused to believe me. Even with my results from the VA showing negative.

stevil said:

In what county do you/your ex reside? San Bernardino
In what county was your ex hospitalized/child born? Orange
When was your child born? 3-5-04
When was the STD test given? 2004 not sure of exact date but after birth
Was she hospitalized at that time? no
Why was it a high risk pregnancy? mother has fibroid tumors in uterous & weak cervix
Why was she hospitalized? see above
How old are you both? 34
Was this a planned pregnancy? yes and no. I will expound on this later
Was a new sample collected to retest? Not to my knowledge
Did either of you make any coplaint to Patient Assistance or make an appeal?
No. Despite my pleas she refused to believe me. Even with my results from the VA showing negative.

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I suggest you contact a lawfirm specializing in lawsuits/arbitration with Kaiser, the will discuss your case with you , here is one CA lawfirm I found on the internet, it can't hurt to ask questions.
Normally if there is a question about a test result, the sample is taken again in addition to a retest, That she wouldn't ask for this seems a bit strange?
Are you sure she really has these test results?

Here is one I found on the internet, I don't know this firm at all

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We are on call seven days per week for your convenience.

We represent Kaiser Permanente HMO members from the Oregon border to Los Angeles, from Napa Valley to Fresno, Sacramento, Merced, Stockton, Modesto, and in Hawaii; the counties of San Francisco, Alameda, San Mateo, Marin, Solano, Stanislaus, San Joaquin, Santa Clara, and in Honolulu.

Walkup, Melodia, Kelly, Wecht, & Schoenberger
www.walkuplawoffice.com
1-888-732-8897
(1-888-SFATTYS)

Thank you

I thank you for your advice. I will contact them asap.

stevil said:

I thank you for your advice. I will contact them asap.

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You can call today they answer calls 7 days a week. Please update us with what they say.

Without some of the facts which you will have to disclose it is difficult to say whether or not you have a case.
The main points being did she really have these two STD's or was it a false positive, if it was how was it handled. Can you prove you never had these two STD's? If the test was done after she gave birth, then there was no reason to immeduately treat without questioning the test results? If she pulled this stunt before all of this, they it culd be argued that it wasn't the test result, false or not but an ongoing relationship or psychological problem. Also her cooporation in a potential action is going to come into play since you two were not married. Were you both on the same policy?