Can I sue a local hospital for malpractice if they did not properly clean out a wound but still stitched it up?

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Can I sue a local hospital for malpractice if they did not properly clean out a wound but still stitched it up?

About a month ago I took my son to the emergency room because he fell on a glass table and cut his knee as a result. After an 8 hour wait he received 8 stitches. As he was showering today he pulled out a piece of glass from the same wound that was stitched. Is there anything I can do in this matter.

Asked on September 23, 2011 under Malpractice Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your son should be examined by another doctor.  That second doctor's medical report will document the malpractice.  Medical malpractice is negligence which means failure to exercise due care (that degree of care that a reasonable hospital in the community would have exercised under the same or similar circumstances) to prevent foreseeable harm.

Your son's clsim would include the medical bills and compensation for pain and suffering.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of his injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Prior to filing a lawsuit against the hospital, it may be possible to settle the case with the hospital's insurance carrier.  If the case is settled, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file the lawsuit for negligence against the hospital.   You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son since your son is a minor.  If the case is NOT settled with the insurance carrier for the hospital, you will need to file the lawsuit for negligence against the hospital prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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