Tip of infant's pinky finger nearly severed by nurse. Do I have a case?

[shagen]

There's no doubt the nurse was negligent, and that her negligence caused our daughter injury. Her finger was reattached, but we're not sure if there's permanent damage. I'm in Virginia, by the way.

[ecmst12]

Well you seem sure that there was negligence but we can't comment on that unless you say what happened. Provided there was in fact negligence, whether you have a case will depend on permanent damages. Fortunately with minors (especially infants) you have plenty of time to determine whether there will be any damages, usually until their 18th birthday or a bit after.

[shagen]

The nurse was in the process of removing a peripheral IV line from our daughter's left hand. The line was heavily taped and thus she decided to use scissors to more quickly remove it. In the process of cutting the tape and wrist board off she slipped and cut into our daughter's finger. She attempted to cover her mistake up by stating that she "must've pulled a scab off" (as an explanation for the blood), thus causing a delay in appropriate treatment.

[You Are Guilty]

Originally Posted by shagen

The nurse was in the process of removing a peripheral IV line from our daughter's left hand. The line was heavily taped and thus she decided to use scissors to more quickly remove it. In the process of cutting the tape and wrist board off she slipped and cut into our daughter's finger. She attempted to cover her mistake up by stating that she "must've pulled a scab off" (as an explanation for the blood), thus causing a delay in appropriate treatment.

While I suspect you have a case, I have to warn you that reattached toddler fingers (assuming no permanent damage) are not going to make you rich. Heck, even if there is permanent mobility or sensory issues with the finger, you're not going to retire on this.

That said, speak to a local med mal laywer. I bet the Hospital would settle this one quickly.

[ecmst12]

Well you're the lawyer, not me, but sounds like it was just an accident, not malpractice or negligence.

[shagen]

I'm certainly not expecting a large settlement from this incident. However, after having recently received a bill from the hospital for services rendered resulting from their negligence, I'm a little concerned. Many thanks for taking the time to respond.

[ecmst12]

Ah, well at the very least I would expect them to eat the costs associated with the repair!

[lealea1005]

I get the feeling, from the OP, they're most upset because the nurse didn't immediately admit her mistake. Is there a chance the nurse didn't initially recognize what actually happened.

I must have been typing while others were answering.....I agree that it would be nice if the hospital picked up the tab for the treatment of the injury.

[moburkes]

It could be, though, that the nurse's E&O insurance will pay, not the hospital.

[You Are Guilty]

Originally Posted by ecmst12

Well you're the lawyer, not me, but sounds like it was just an accident, not malpractice or negligence.

While I am far from the fnal arbiter of all things malpractice, after Family Court, I did med mal defense for some of the biggest hospitals in NY. Nursing cases are always a PITA, but this one seems fairly straighforward. Dismemberment is not a known (or accepted) risk of bandage removal. In fact, it's highly unexpected. (The alleged delay in diagnosis/treatment will probably not amount to much monetarily, but it's still useful to show the nurse was aware that she screwed up).

While I'm sure it was an accident (unless the nurse was Hannibal Lecter), in this case, I think it goes beyond the accepted standard of care for any state. For the hospital to then request payment for their error is just asking to be sued.

[panzertanker]

Originally Posted by You Are Guilty

For the hospital to then request payment for their error is just asking to be sued.

Unless....

The nurse did not report it as an accident and the hospital was unaware of their "involvement" in the situation.....

Also, I do believe that the hospital will be picking up the tab, not the E&O. The nurse probably does not have any. Most nurses are woefully unaware of the need....

[You Are Guilty]

Originally Posted by panzertanker

Unless....

The nurse did not report it as an accident and the hospital was unaware of their "involvement" in the situation.....

Possibly, but one could still argue respondeat superior to keep them on the hook. But since the finger was "fixed", it sounds like the nurse eventually fessed up.

Also, I do believe that the hospital will be picking up the tab, not the E&O. The nurse probably does not have any. Most nurses are woefully unaware of the need....

From your lips to nurses ears (or eyes, as the case might be).

[ecmst12]

Originally Posted by You Are Guilty

Dismemberment is not a known (or accepted) risk of bandage removal. In fact, it's highly unexpected.

Well this was an INFANT. Only takes a tiny slip. It's not like it was an adult and it would actually take significant effort to sever a fingertip. Especially if it heals with no permanent damages, what kind of case would there be?

[CJane]

Originally Posted by ecmst12

Well this was an INFANT. Only takes a tiny slip. It's not like it was an adult and it would actually take significant effort to sever a fingertip. Especially if it heals with no permanent damages, what kind of case would there be?

One would assume, the case would be to at least not have to PAY to have the injury tended to.

Though I'm curious... technically, I 'severed' the tip of my infant son's finger when trimming his nails.

I'd be interested to know just how severe this injury was... and what sort of 'treatment' was required. Did the nurse cut through bone? Did she even cut through the nail?

[ecmst12]

OP mentioned "reattachment", so I would think at least a stitch or 2 was needed....