Cutting a piece of your daughter's lip off while trying to remove the tape of the naso-gastric tube is not likey going to be considered a risk of that task. It is likely negligence. The key issue here though is the question of damages. 6 stitches and no medical bills will likely render this a claim that is not worth pursuing as a medical malpractice case.
However, if the lip is permanently deformed and requires significant corrective plastic surgery and/or permanent scarring then it possibly could be worth pursuing. Remember, these cases are extraordinarily expensive to pursue. No experienced medical malpractice lawyer will take a case where only he and the expert get paid, leaving little or nothing for the patient.
Find out the extent of the damages caused by the incident. If the six stitches is the worst of it, then I would recommend filing an internal complaint with the hospital administration and leave it at that. If it turns out that she will need substantial future work, or if that injury significantly complicates her other medical issues, then you may want to consult with a local experienced medical malpractice attorney. I hope she is o.k.
I agree with attorney Mitchell's answer. At the same time, though, let a few months go by after she is discharged. See how the lip heals. The Massacusetts medical malpractice statute comes right out and says that malpractice cases require more than simply an unfortunate medical result. There must be a demonstration that the care given fell below the average standard of care. If your daughter's damages will include long term scarring or other permanency, then, if for no other reason than to set your own mind at ease, I would encourage you to obtain an initial free consultation with an experienced medical malpractice attorney.
This answer is provided for informational purposes only. Legal advice can only be given in an office appointment by an attorney licensed in your jurisdiction with experience in the area in which your concern lies.
I am very sorry to hear of this horrible incident. I handle cases like this and would be happy to discuss this matter with you. Give me a call at 617 725-2675 and I'll make the time to meet you in Fall River.
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