If a medical professional has failed to carry out and administer a test in accordance with published manufacturer's instructions that professional may have acted negligently and may be taken to task for medical negligence and a claim for damages made against him or her.
Ask this question - what would you do if a surgeon changed a procedure during an operation to one he thought would suit his objectives better, which resulted in a serious detrimental effect to yourself? Would you simply accept it and walk away? Of course not! You'd be down your solicitor's offices the following morning.