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 10 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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