If an emergency room physician dropped a scalpel and cut me, is he negligent?

UPDATED: Aug 24, 2011

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If an emergency room physician dropped a scalpel and cut me, is he negligent?

I was seen to have an infected abscess treated. The doctor dropped the scalpel, after cutting open the abscess, and cut me (in my stomach). I have since developed a few small sores, in the area. I am going in today, in the hopes that I have not developed an infection. I would just like to know if this instance constitutes negligence?

Asked on August 24, 2011 Idaho


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Potentially the emergency room's physician's dropping of a scalpel into an open area upon your body causing injury could constitute negligence upon his or her part. However, to establish whether there was negligence, you will need to obtain an expert opinion by an emergency room physician to establish whether the doctor assisting you fell below the standard of care of a treating health care practioner in the community where the hospital is located.

If you developed a few small sores in the area where the scalpel fell upon you, the resulting injury does not appear serious absent any resulting infection. When someone is treated by a health care practioner, one does not get perfection in the treatment. Doctors are not perfect. Sometimes mishaps happen. The issue in your circumstance is how serious was the doctor's mishap amd the degree of your claimed damages?



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