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Possible lawsuit?


my 2 year old daughter was sucking her thumb and running one day at day care, well she tripped and bit her thumb almost off. so the lady at daycare called my wife and when she came to get my daughter the babysitter went with them to the hospital. she paid for the whole thing. when they got there, the doctor stiched the wound up. well several days later, her thumb got worse and swelled to the size of my thumb. so we took her to a different doctor that told us the previous doctor should not have stiched it up because he closed bacteria in the wound. he told us that a human bite is the nastiest of all bites and he immediately took the stiches out. now about a year later her thumb is slightly deformed because of the stiches. can you tell me if that would be malpractice or if i can sue the first hospital?

Who knows. Consult a lawyer and a medical expert.
Malpractice is when a doctor is negligent in his duties. The question is whether the first doctor knew or should have known that he'd be "closing bacteria" in the wound, which would partially be determined on the "standard of care" on such a procedure in your community.

The second question is what damages has your daughter suffered. How is the thumb "deformed,"? Does she still have pain? How long did she have pain with the stiches? Who paid for the subsequent medical visit?

It's worth talking to a med-mal lawyer in your jurisdiction, although the low dollar value on the case may not make it worth it in the long run. Plus, there's the extreme possibility that, while the doctor didn't make the right choice, the choice he made wasn't violative of the standard of care, so you win nothing. Still, most med-mal lawyers don't charge for an initial consultation, and don't get paid unless you do, so it's worth at least collecting the records and talking to one or two.

You need to contact a personal injury and/ or medical malpractice lawyer in your area. Most of them will meet with you initally for free, and probably take your case with no money down.

I will say, however, that slight deformities because of stitches probably won't win you anything in a lawsuit. You have to prove that a) her injuries were a result of the doctor's negligence or stupidity; and b) the injuries caused or will cause future monetary losses for your daughter, like with work or something.

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