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Can I sue for stiches being done wrong?

Hollywood, FL |

I had a 2.5 inch laceration on the back of my left heel. I went to the hospital and received stiches. I was in the hospital for 3 days because I also fractured a bone, and have been out for 3. While I was there they were only concerned about the fracture, I had to ask them to look at the dressing on the wound. two of the stiches have ripped through the skin, (the wound opened up again) In the middle. It looks red and is EXTREMLEY painful. I am going back to get it looked at tomorrow. Can I sue? (They failed to even take a picture of it before they did the stiches because their camera was dead!!!)

Attorney Answers 7


  1. Not really. In a technical sense you can sue for just about anything but it would not be very thoughtful in your situation. Speak with the physician. Speak with one of the hospital administrators. Contact your state licensing board. By all me get it looked at.
    Simply stated, there is not enough damage value to justify suing anybody.


  2. The costs would far exceed a recovery, even assuming that there was a breach of the standard of care. Perhaps a plastic surgeon can do a revision surgery so that your heel as back to it's aesthetically -pleasing state.


  3. The best case scenario is that you take care of the problem, it is resolved and that there is no viable claim. Good luck.


  4. Hopefully your follow up treatment will heal the wound without involvement of the bone. The standard for the ER is that their care has to reckless and not just negligent. It is likely that your damages will not exceed the cost of retaining experts who could say that the providers were reckless (if they were). Best to you for a full recovery.


  5. Not on these facts. Medical care is not an exact science, and unless the MD promised a specific outcome--almost none do anymore since the infamous "Hairy Hand" case--there must be gross negligence in order to prevail, not mere negligence, so as long as the MD used the standard of care that similar professionals would use, the MD has no liability.

    Additionally, pain and soreness are expected in such cases. You were probably given a document stating that stitches may fail--they commonly do--and how to treat such failures.

    I'm sorry, but I see no compensatable damages or cause-of-action here.


  6. Difficult to prevail over the E.R. Docs. But if you have suffered a serious injury due to gross negligence than an AVVO experienced attorney will make that claim for you. But seems that the injury is minor compared to the great expense and challenge of bringing a claim..


  7. All attorneys who have responded are correct in my opinion but have failed to really address a critical issue. One attorney wrote "only gross negligence"... that may be true, there aren't enough facts listed to know that to be correct. But no one is speaking about why someone with a minor injury believes that they can sue a doctor EVEN IF THERE WAS NEGLIGENCE! Why does no one attempt to educate the public on how restrictive medical negligence claims have gotten? One attorney referred to the cost and another wisely said (paraphrased) "Heal well and move on". All of those are true too. Someone should say this and it will be me:

    The incessant whining of insurance companies to the public has made medical negligence claims extraordinarily difficult and costly to pursue. Statistics have shown that there are very few if ANY "frivolous cases" (at least in Florida), or that there are many "runaway" verdicts. It's been 'fun' for people to hate attorneys as far back as Shakespeare. But that political 'good time' has cost people the right to pursue legitimate claims because the public (pressured by the campaign of the insurance companies) has led to a skyrocketing cost and the public's belief that most medical negligence claims are frivolous (without having heard any evidence in any case). Many times even legitimate claims of medical negligence cannot be pursued because the cost of pursuit outweighs any recovery. And no one should think for one second that the fewer negligence claims have benefited physicians. They are getting paid less than ever. Anyone reading this want to change it? Change it with you votes in the democratic process and don't just buy into the rhetoric.

    This is not intended as specific legal advice to you or about your case. The only way to provide that is for you to have a conference with an attorney so they can ask you questions about your claim, read records and learn far more than is contained in your note. No attorney-client privilege is established by this response.

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