Can I sue a hosptial ER for not sulturing

I was hurt during an assault at home and was rushed to the ER. I suffered 2 slash/stab wounds and other injuries and was not given a suture from the injury. Now the scar is over 5 inches and bulges over the back of my shoulder. Can I sue the hospital for failing to suture the wound?

Asked on October 13, 2019 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It depends on two things.
First, on whether, according to current or contemporary medical standards, they should have sutured, or whether a reasonable doctor would not have sutured. Medical care providers are not liable simple because the outcome was not desirable; they must have been careless, or violated contemporary medical standards or norms. So you would need doctors (expert testimony) to be willing to testify that under current standards of care, what they did was wrong. 
Second, even if it was wrong, did it harm you? That is, if you would have had the same scarring anyway, there was no harm done, and no basis to sue. So you also need medical evidence that the failure to suture caused or significantly exacerbated the scarring.
Only if you have medical evidence or expert testimony of both things would you have a case.


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