My daughter was burned by an IV when she was born and it has left a visible scar on her hand, can I sue the hospital?

You can if you can prove it was malpractice. You have to hire a doctor to review all the medical records and tell you if it is or is not, and then agree to restify for you. Is it worth the time trouble and money?

I don't think so. I think this kind of thing is an unavoidable risk. In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. Expert testimony from a physician is required. These cases are difficult and expensive to prove and they do not settle out of court

To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. I you do have evidence of medical negligence, you likely will need to wait a year or two see how bad the scar is 9 some scars fade to nothing). Also, it is very likely that a scar on a hand would not result in sufficient damages for a malpractice suit to be viable.

You could, but it probably will not be worth it. You might want to talk with the hospital about providing free plastic surgery to minimize the scar.

That depends. There is a statute of limitations question which must always be answered. If the negligence (and you have to show not only harm but negligence) was caused by a State employee, you must file a special Notice within 180 days of the incident. Any other health care provider is subject to a 3-year limitations period, dating from when a reasonable person should have known of the negligence. However, your (daughter's) damages may be too small to be worth the effort.

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.

Whether you can recover from the hospital depends on whether you can show that the nurse/doctor/hospital were somehow negligent. In other words, did their conduct fall below the standard of care in their industry.