Would CVS Minute Clinic be liable for damages if they failed to send out test to a lab and problems occurred?

[augustus]

Unfortunately, the fact that there was a delay in sending out the tests is not reason for you to collect on the hospital bill or, for that matter, and "pain and suffering." CVS did not cause the strep, they merely were unable (due to minor negligence) to give timely results of the test. Their limit is likely whatever you paid for the test.

Part of the issue will be whether they intentionally delayed sending out the test (i.e., it was intentional such that you would suffer) or whether they acted in a way that was significantly out of bounds of industry practice (gross negligence). The way you tell it, it sounds like a mistake, not gross negligence.

I think, if you press, they'll refund what you paid... just to get rid of you. But, if you took this to court, they'd make the argument that they (a) did not cause the abscesses, (b) make an honest mistake in delaying sending the tests out, and (c) you signed a form that stated their limits of liability.

Take note of (c). Did you ever sign anything? I've not used CVS for tests, so I don't know their practice. But I've been to labs and they do require you to sign something that says that they aren't responsible for problems like this.

[clem84]

Well its a good dream ...how can... what you now know is as abscess...
be positive for streptococcal (strep) bacteria ...of course you may have had had both

Strep throat will go away in 3 to 7 days with or without treatment. Doctors usually treat strep throat with antibiotics even though they may not make you well faster. Antibiotics shorten the time you are able to spread the disease to others (are contagious) and lower the risk of spreading the infection to other parts of your body.

CVS could not cause an abscess