What to do if my 1 year old son was injured at the pediatrician’s office when he cut his finger on the water fountain’s exposed metal casing?

UPDATED: Aug 1, 2013

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What to do if my 1 year old son was injured at the pediatrician’s office when he cut his finger on the water fountain’s exposed metal casing?

It required 11 stitches and a trip to the emergency room. Are they liable and if so what should I do? They have agreed to pay all medical expenses.

Asked on August 1, 2013 under Personal Injury, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

They may be liable--it depends on whether it  would be considered negligent, or unreasonably careless, to have the metal casing set-up or exposed the way it was.

However, even if they were liable, for a cut which does not cause lasting impairment, the majority of your possible compensation would be the medical expense--which you seem to be getting anyway. Therefore, if you son, hopefully, has no lasting muscle/nerve/tendon/etc. damage and no lasting impairment, you are probably being offered as about as much as you could get in a lawsuit, so there is no reason to spend the time and money on a suit.

If on the other hand, your son has suffered some lasting damage or impairment, then you should speak with a personal injury attorney to see what a claim might be worth, how strong it is, and what it would cost you to pursue a claim. Good luck.

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 AttorneyPages.com 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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