QUESTION
Can I sue a hospital for not doing surgery to save my baby's finger?
Asked on Jun 16th, 2013 on Personal Injury - New York
More details to this question:
My 20-month-old daughter got her finger pulled apart by a belt of a treadmill and the hospital didn’t do surgery to try and reattach her blood vessels, nerves, etc. Instead they stitched it up and sent us home. Due to the type of insurance she has I was told I probably couldn't do anything about it. Now my baby must face life missing the top half of a finger. I feel it was wrong, but need advice.
8 ANSWERS
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Unfortunately this is the sad state of American healthcare.
Answered on Jun 18th, 2013 at 12:51 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You need to have a doctor review the medical chart and you need to review your insurance cove rage. Welcome to Obama care concepts where some bureaucrat determines the level of care you get
Answered on Jun 18th, 2013 at 9:06 AM
Ronald A. Steinberg
I feel badly for your baby. Hospitals deal with what comes in through the ER. If there was no pediatric hand specialist available or on call, there is not one thing that could be done. ER's treat life threatening situations, and when the patient is stable, they refer the patient to an expert. The first question is: Why did the baby get that close to the treadmill anyway? Kids explore things, and so parents are supposed to prevent the child from getting into a dangerous situation.
Answered on Jun 17th, 2013 at 10:23 PM
James Eugene Hasser
I'd be looking at the treadmill manufacturer and not the hospital if I were you. Talk to a products liability lawyer.
Answered on Jun 17th, 2013 at 2:25 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have not provided sufficient information in order to allow the formation of a reasoned opinion. Without having a full medical records and a doctor stating that the failure to reattach or attempt to reattach the finger was a violation of the standard of care you cannot bring a case. I suspect, and indeed am hopeful, that the hospital did not attempt to reattach the finger because it was believed to be medically futile as opposed to an issue of their receiving payment.
Answered on Jun 17th, 2013 at 2:01 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Jun 17th, 2013 at 2:00 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In order to be successful in your claim, the burden would be on you to prove, within a reasonable degree of medical probability and certainty, that if the hospital had made all appropriate efforts to reattach the finger, the finger would have been saved and been viable. That seems like it would be difficult to do.
Answered on Jun 17th, 2013 at 2:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It could be the finger was too far gone to be saved. You do need to talk to a lawyer about how this happened, though.
Answered on Jun 17th, 2013 at 1:59 PM