Do I have to wait for an infection to occur?

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Do I have to wait for an infection to occur?

my stitches were sewn in incorrectly, I got a second opinion, and I was told I was at very high risk of this wound opening again and getting an infection

Asked on April 4, 2017 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The issue is, what are you suing for, if you don't get an infection? The law does not provide compensation for what could or may happen--only for what does. So until there is no negative impact, there is no point in suing, since there is no compensation without some harm.
Moreover, the harm--the severity of the infection and its effect on your life and/or the medical costs it causes you to incur--would have to be substantial to justify a malpractice lawsuit. Malpractice suits are *very* expensive: you have to pay for a medical expert (doctor) to not just examine you, but also write a report and testify at a deposition and/or trial, and this is not a cost you can get the other side to pay--you pay out of your own pocket. Thus, even before getting to legal fees, a malpractice suit can cost thousands of dollars for a medical expert/doctor's time. Unless you are badly harmed by the alleged malpractice or incur significant medical bills or lost wages, you could spend more on the lawsuit than you will get back.


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