What should I do?

Other than file a formal complaint with the hospital directly, I really don't see any cause for legal action. Had the end result been more life-threatening, then yes, I do believe you'd have action for negligence. While it's no help to anyone in that type of situation, it does seem routine in larger hospitals that lab tests, etc. do get misplaced (with discouraging regularity.) Yes, I do believe that you stressed over the lack of coummication and "not knowing," but I don't believe you'd prevail in this type of situation. (Understand this is only an opinion here.) On the other hand, I also don't believe you should let the incident pass without at least a written complaint to the medical board at the hospital, clearly outlining each detail of your experience. If you're that upset, you can research your state medical board and file a complaint there as well. Doing that may just save someone else in a more serious condition from getting less than adequate medical care and treatment. *If the work was conducted an at independent lab facility, personally, I would also include them in letters of complaint as well.*

The outcome could've been much worse. I'm relieved to see your child is all right and I do understand the fear and apprehension you and your family endured. Don't let my opinion sway you from contacting an attorney, however, if you do feel the need to pursue this. Had your child's health ultimately suffered because of the lack of diagnosis and medication/treatment, I believe that would've been an entirely different matter altogether. Again, this is simply an opinion.

Good luck to you and your family.

Let me preface my comments by stating that I have been in your shoes --eight times over, having given birth to eight children. I remember how it felt to have a new baby--and be a new mother. I saw myself in every line of your posting. But, in the interest of fairness, I have to tell you how the hospital will see it (i.e. playing devils advocate).

First of all, what a doctor says and what a new mother hears is often very different. This is NOT a criticism of you. But, to someone like me reading your story, I understand your angst, but several questions come to mind that I believe the hospital could argue that you were responsible, too. Let me explain.

If your child's condition was as critical as you make it sound, there is absolutely no way they would ALLOW you to leave the state. It IS possible for the hospital to order test and have the results on an emergency basis. The doctor stressing the need for treatment, to a new mother, may have sounded more critical than he intended for it to. I am assuming that if there really was a window of time to "run out of time", they would have KEPT your child, admitted to the hospital. The fact that they ordered the tests on an "out patient/wait for results" basis indicates that perhaps ( thankfully ) it was not as critical as you might have understood it to be. Again, I am not criticizing you and your feelings about it---merely trying to explain a possible reason for the hospital acting as they did.

Also, if the childs condition was that critical, in your mind, why DID you leave the state? It wasn't the hospitals fault you were out of town, away from where your Medicaid was accepted. Do you see what their position might be? Rest assured, if it really is THAT critical, your child WOULD have been admitted and watched closely day and night.

That being said, what you experienced is frustrating--losing tests. Blood tests are uncomfortable and TERRIBLE for a parent to watch. But children are resilient---and their screaming for a few minutes is NOT going to permanently affect the rest of their life---WE suffer much more than THEY do.

The question becomes did the doctors/lab exercise reasonable care? The answer to that would probably be yes. Losing vials of blood is not that critical in and of itself. Now, if they had lost them and not REALIZED they lost them--OR substituted someone else's, well, that could be clear grounds for a lawsuit if treatment was withheld or the wrong treatment was given. However, a lab being sued because they lost blood? No way. If indeed it was a critical matter of life and death, it would have been readily apparent. I suspect there is a gulf between the doctors intention and your understanding. If it really COULD have been a "life and death" sitution, your child WOULD have been in intensive care, monitored continually. The reality is, you did not even have instructions to stay close to home. This indicates the doctors felt differently about her condition than what you understood.

Also, I don't understand ( i.e. "I fail to see!!" how your childs confidentiality was compromised. It seems to me that the doctors went to great lengths to help you. The fact the doctor actually called and FOUND a hospital for you to go to and went to the effort of calling a store in a different state so your medicaid could be used speaks to his or her dedication and persistance.

Being inconvenienced is important to you. Having your child go through more blood testing is inconvenient for you--but, actionable under the law? I doubt it. Just wait until the stitches and broken bone stage comes--you will look back at this time and chuckle and realize how much you've learned about what it means to be a child, as well as what it means to be a parent.