If a nurse caused my cellulitis, can I sue?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a nurse caused my cellulitis, can I sue?
About 6 months ago, I was admitted into a hospital for stomach pains. In the ER the nurse who started my IV did not practice good clean care by opening her glove and touching my skin with her finger; she did not wash her hands nor did she use any type of alcohol wipe to clean her finger. After being in the hospital for not even one day I awoke to severe pain in my hand where the IV was located. Hours later I had swelling and pain. I noted to the nurse that I was in a lot of pain in my hand and the IV must be the cause of it but she said it wan not the IV. I would cry out with more pain as they continued to push fluids through my IV. I found out it was cellulitis from an IV infection.
Asked on October 19, 2014 under Malpractice Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Two issues:
1) You have to PROVE the nurse gave you cellulitis--you can't just rely on it being logical or reasonable due to her lack of safety or hygiene precautions, but rather would need something like an expert opinion from a doctor who examined you as to the cause. This, of course, can be expensive--medical experts do not work cheap.
2) Second, you say you were in extreme pain, but:
a) did you need expensive additional medical care due to the cellulitis?
b) did you miss a significant amount of work or income due to the cellulitis?
c) did your pain last for several weeks at a minimum?
The problem is, you can only recover compensation related to you actual out-of-pocket (not paid by insurance) costs, lost income, and for conditions causing significant life impairment for a reasonbly long length of time, some amount of pain and suffering. If these amounts are not large, you could spend more on the lawsuit then you would recover.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.