chipmunk226
Member
What is the name of your state? MD
I was at a doctors appointment for my older son. He was getting a prick allergy test done. With me were my three sons, 7 years, 23 and 11 months. The test was expected to take at least an hour and my 23 month old was already restless. The tech performing the test pulled out a little crate of toys from under the examining table and put them on the floor for my 7 you and 23 month old to play with while waiting for the tech to set up.
The tech had left the room and I was taking my 11 month out of the stroller to hold when my 7 yo starts to yell out "NO MOM LOOK!" And I turn to see my 23 month old had pushed back the cover to the sharps container and stuck his hand in. I pulled his hand out and saw 3 needles in his hand. I pried his hand open and was relieved that I didn't have to pull any out. But when I rechecked his hand a few minutes later, I saw two little spots of blood which means he was pricked.
The container was about 2 feet tall, almost full with the needles they use to administer the allergen and on the floor. There was no lock on it and the biohazard sticker was on the side facing the examining table. The tech didn't seem too alarmed, but did advise us to go to the ER to get blood drawn. They also filled out an 'incident' form. It looked generic and that it was geared toward employee injury.
So we go to the ER and they tell us there that there is nothing they can do there and to follow up with our primary care to get a lab slip for a blood draw. We got an appointment 2 days after the incident and had his blood drawn for Hep C and HIV. The results have not come back yet.
Is this a case for malpractice? Or would it be considered personal injury? Is it worth pursuing?
My husband wants to pursue a case, and I am less sure.
TIA!
I was at a doctors appointment for my older son. He was getting a prick allergy test done. With me were my three sons, 7 years, 23 and 11 months. The test was expected to take at least an hour and my 23 month old was already restless. The tech performing the test pulled out a little crate of toys from under the examining table and put them on the floor for my 7 you and 23 month old to play with while waiting for the tech to set up.
The tech had left the room and I was taking my 11 month out of the stroller to hold when my 7 yo starts to yell out "NO MOM LOOK!" And I turn to see my 23 month old had pushed back the cover to the sharps container and stuck his hand in. I pulled his hand out and saw 3 needles in his hand. I pried his hand open and was relieved that I didn't have to pull any out. But when I rechecked his hand a few minutes later, I saw two little spots of blood which means he was pricked.
The container was about 2 feet tall, almost full with the needles they use to administer the allergen and on the floor. There was no lock on it and the biohazard sticker was on the side facing the examining table. The tech didn't seem too alarmed, but did advise us to go to the ER to get blood drawn. They also filled out an 'incident' form. It looked generic and that it was geared toward employee injury.
So we go to the ER and they tell us there that there is nothing they can do there and to follow up with our primary care to get a lab slip for a blood draw. We got an appointment 2 days after the incident and had his blood drawn for Hep C and HIV. The results have not come back yet.
Is this a case for malpractice? Or would it be considered personal injury? Is it worth pursuing?
My husband wants to pursue a case, and I am less sure.
TIA!