QUESTION

A nurse stuck my husband with a needle and than gave my one year old daughter her shot, do I have a case?

Asked on Mar 28th, 2013 on Medical Malpractice - Pennsylvania
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1 ANSWER

In short, in order to have grounds for a medical malpractice case, you must prove that the nurses conduct was below the standard of care and caused damages.  The damages must be pretty high to have a valid and successful malpractice suit.  This is because most state laws make it very difficult to sue doctors, nurses and other health-care providers.  So, is the nurses conduct had some serious side effects on your husband or daughter or caused significant damages, then it might be worth pursuing or looking into further.  Hopefully that is not the case, and everyone is fine.  In addition, most states require that you hire an expert witness who is willing to testify against the health-care provider before you can even file the lawsuit.  If you are interested in pursuing the matter further, I recommend you contact a local attorney in your area who advertises that they practice medical negligence/malpractice.   You might also consider filing a complaint against the nurse.  Here is some additional information on that:    https://www.ncsbn.org/163.htm  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. 
Answered on Mar 28th, 2013 at 5:07 PM

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