If I had a bone fracture and my college’s health service gave me a support instead of a cast, can I sue the college or the heath service?
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If I had a bone fracture and my college’s health service gave me a support instead of a cast, can I sue the college or the heath service?
Asked on January 10, 2012 under Malpractice Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What are you suing them for? Did the fact that you were given a support instead of a cast result in any additional injury to you? If it did, then if the provision of a support rather than a cast was not in keeping with current acceptable medical standards, you may have a claim or cause of action.
However, if either--
1) you suffered no injury due to this; or
2) it was a reasonable choice, in keeping with accepted medical practice, to give you the support
--then you have no basis for a lawsuit. In the former case, there's nothing to sue for--you can only recover compensation commensurate with the injury caused by the alleged malpractice. In the latter case, there is no malpractice.
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