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Q504:  The VA made me report to the COVID-19 testing at my VAMC.  I reported as ordered and was given the COVID-19 test.  The VA reported back to me today that I am positive for COVID-19.  I live alone, and I don’t go anywhere.  I have been in my apartment for months.  I have had no visitors, my groceries are delivered, basically, I have had no human contact with anyone in months.  I am sure the lady at the VA who gave me the COVID-19 test also gave me COVID-19.  Can I sue the VA for negligence?

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A1:  There is NO way you can assume the "nurse gave it to you"! And it's kind of silly to do so!  What is more reasonable to assume is, like many, many others you were given a false result on your test. Numerous people who have never even taken the test have received test results that hace said they were "positive". Don't be so quick on the draw to get rich quick.  (KD)  8/23/20

     

A2:  You CANNOT test positive for COVID-19 due to exposure from the person who gave you the test. The incubation period from exposure to a positive test and/or symptoms is 7-14 days. IF your positive test is valid, you had to have gotten it from someone else. Go back and get a confirming test.  (DJ)  8/23/20

   

A3:  The short answer is NO.  You could possibly file an 1151 Claim if you could PROVE the VA infected you through improper medical procedures.

  

Since there are many other people who have never left their homes and have also contracted this illness, you would be hard pressed to prove the VA gave this illness to you.  (RJ)  8/24/20

   

  

  

  

  

  

  

  

  

   

A4:  You said you have your groceries delivered to your apartment, when you get your groceries do you disinfect the bags and boxes that your food comes in it's a slim chance but it could happen.  (LK)  8/25/20