If my girlfriend got her lip pierced by a

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If my girlfriend got her lip pierced by a

My girlfriend went to a tattoo/piercing shop to get her lip pierced 2x and the

woman who did the piercings pierced an artery in my girlfriend’s lip. About a week

after the procedure, the piercing started bleeding profusely and my girlfriend started losing a lot of blood and had to go to the hospital where she list the piercing and found out that the piercer went through an artery. Can she sue?

Asked on February 25, 2017 under Personal Injury, Vermont

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, she can very likely sue, since what you describe would be negligence, or unreasonable carelessness. But the question then becomes whether it is worth suing. A lawsuit only gives you compensation in relation to the actual losses or injuries you suffered. That generally means:
1) Out-of-pocket, or not paid by insurance or Medicare/Medicaid, medical costs;
2) Lost wages from missing work;
3) IF you suffer serious disability, disfigurement, or life impairment lasting months or more, some amount for "pain and suffering"--but you generally need to be talking about permanent impairment of a bodily function to be eligible for any significant amount of money.
To sue for 3), you would need to pay for a medical expert who examined your girlfriend to testify, such as a doctor. This can itself cost thousands of dollars. So if, as we hope, your girlfriend makes a speedy and full recovery, and you had insurance or some other way to pay the hospital bills, there is most likely no point in suing.


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