Can i sue the hospital or nuse for malpractice on my grandson?

I am not licensed to practice law in Arizona so the following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds Arizona licensure.

The answer to your question is "no." I'm sorry that your grandson went through that repeated poking. It can't have been fun. But that doesn't make it malpractice. Some people are harder to get blood out of than others. Malpractice is a special kind of negligence claim where the professional's breach of duty causes damages. I don't see a breach of duty causing damage here. I see difficulty getting blood out of a child. It was so hard that various different nurses were unsuccessful with it, and they do this all the time. Doctors may also disagree on initial diagnoses. The disagreement, or the fact that one of the diagnoses turns out not to be correct, is not necessarily malpractice. Doctors are allowed to make mistakes.

Malpractice requires a breach of the standard of care. Proving a breach of the standard of care requires expert testimony almost all the time. Expert testimony in medical malpractice cases is expensive. Unless you are prepared to spend thousands of dollars hiring an expert, and to lose all of it if you lose the case, let this one go.

Your son had an unpleasant experience, but real damages, which are what medical malpractice cases are FOR, are much worse than just an unpleasant experience.

Good luck.

I agree with the wise observations of Mr Maxwell but go ahead and see if you can get a local lawyer to assist you with a free consultation.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Please, take care. Get the help you need right away. Good luck to you.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Hello

Something similar happened to my son (2 yrs Old), he had fever and was vomitting so we took him to the ER, there they tried to check his ears and throat and while checking they could not see very well, so they decided they need to test his urine for any infection and introuduced this thing in his pipi to get some urine, they tried so much and my baby was crying a lot and i had to stop them and then they put a bag around to grab some urine , when he finally peed he cried like crazy as he was in pain. now it has been 2 days and everytime he pees he cries a lot and i can see he is in paint. i am really frustated to see my baby in pain , he was not like this , it was after taking him to the ER. what can i do in this case, it is not possible that there are just resident and not doctors supervising what the residents do.

i took my baby to his primary doctor and he said they just jurt him inside and it is irritaded but it has been two days already and this can not be normal, i am about to take him again to his doctor but i wanted to ask what can i do about this legally speaking

PS; I am sorry for my english, but it is my second language
thanks in advance for any advise