If my daughter passed out at the doctor’s office during an eye test and hit her

head so had to get staples, is there anything I can do about it legally?

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If my daughter passed out at the doctor’s office during an eye test and hit her

head so had to get staples, is there anything I can do about it legally?

Asked on June 16, 2018 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The doctor's office is not liable unless they caused her to fall in some way--that is, they did something which caused her to pass out. If they did not and she happened to pass out because she had low blood sugar, was sick, was overtired, became hysterical or overwrought, etc. the doctor's office is not fault. Liability is based on and requires fault; the office is not liable simply because she fell in the office.
In addition, you can only get compensation for out-of-pocket (not paid by insurance) medical costs caused by this and if there is long-terms *significant* disability or life impairment, some amount for "pain and suffering." If as we hope she is basically ok, has no lasting effect, and you did not incur thousands of dollars in medical costs, there's no point to legal action--you'd spend more on the lawsuit than you get back.


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