What to do if my adult ed school has been using expired and not guarenteed steril syringes and needles and allowing students to use them on each other?

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What to do if my adult ed school has been using expired and not guarenteed steril syringes and needles and allowing students to use them on each other?

We just recently found out the bag of sharps we’ve been supplied to use have expirations from 3 and 5 years ago and we have been using them for weeks. Is this a legal issue?

Asked on April 30, 2013 under Personal Injury, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It would be advisable to be examined by a doctor to test if you have contracted any disease from the unsanitary needles.  If you have contracted a disease, file a personal injury claim with the school's insurance carrier.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and if applicable documentation of any wage loss.  Your personal injury claim filed with the school's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the school.  If the case is NOT settled with the school's insurance carrier, you will need to file your lawsuit for negligence against the school prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If you have not contracted a disease or been injured by the unsanitary needles, you don't have a personal injury claim; however, you should still contact your State Board of Health as well as your State's Department of Education and report this unsanitary practice by your school.  Those agencies, especially the State Board of Health, should take immediate action to stop this unsanitary practice by your school.


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