Would I have a case if my son passed out and injured himself while undergoing a medical test?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Would I have a case if my son passed out and injured himself while undergoing a medical test?
My son went to an allergist for hives and had a skin scratch test. Then 10 minutes in to the 20 minute test, he passed out and fell from a sitting position off of the exam table, onto the floor face first and broke his nose. There was no doctor or nurse in the room with us. Would we have a case since he was left alone while testing and no one was monitoring him? I was in there with him but I’m not a doctor. This was the first time he has ever passed out.
Asked on August 14, 2017 under Malpractice Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you most likely do not have any recourse. A medical professional is only responsible if they were negligent, or unreasonably careless, in some way. There is nothing unreasonably careless in leaving someone alone while they are waiting out a scratch test--people very rarely spontanously pass out and fall during this test. Therefore, it was not reasonably foreseeable, or predictable, that this would happen; and if not foreseeable, they were not careless to not guard against it--and therefore, they would not have been negligent and would not be liable.
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.