If a nurse hit a vein when she drew blood 12 days ago and I’ve been in pain since, is there a legal measure I can take against her?

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If a nurse hit a vein when she drew blood 12 days ago and I’ve been in pain since, is there a legal measure I can take against her?

Every since she drew blood my hand has been going numb and throbbing. My hand is swallowing. I can feel my nerve jumping in my hand and it is starting to move up my arm. I have to sleep with my hand above my head. I also find myself dropping things because I loosed feelings in my hand. Before she tried to draw the blood out of my hand she said she didn’t see a vein but she was going to try my hand anyway. When she took the needle in no blood came out so she keep pushing it in until the last time felt like she hit a bone. The doctor says I have an hematoma in my now.

Asked on November 21, 2011 under Malpractice Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the nurse hit a vein with a syringe when she drew blood from you twelve days ago resulting in the discomfort that you are writing about, unfortunately from what you have written you do not have a factual or legal basis for a legal action against the nurse.

The reason for the opinion is that it is foreseaable that when one has blood drawn and a syringe is injected in a person that a vein can be struck by the needle resulting in the discomfort that you are presently experiencing. What you have written about does not seem to indicate that the nurse who assisted you fell below the standard of care of a nurse in the health care field regarding the injection that you received.


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