Can I sue a hosptial ER for not sulturing

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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