If E.R. told me I wasn't pregnant but I was, can I sue?

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.

You are kidding, of course.

No, test is not absolute.

No. The test came back negative; it is not ER's fault.

No. the ER opinion you don't like doesn't change your situation at all.

It will take a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.

Anyone can sue, the question is can you win? What are your damages due to this error?

Did some harm befall you from their opinion that you were not pregnant? Malpractice actions are expensive and cannot be entered into lightly.