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Can I take Hospital to Small Claims?


My toddler fell and cut her chin. The ER stitched it, but also put globs of skin glue on top of it. We didn't know that they were supposed to only do one or the other. After a week later it was bleeding a little, so we took her to the pediatrician. She then tried to take the glue off and was shocked by how much glue they put on. She couldn't remove it and sent me to a plastic surgeon. The plastic surgeon took it off and we discovered the wound never closed. She recommended I leave it alone and later start scar treatment, but I wanted another opinion so I took her to another plastic surgeon. He said the same thing, to leave it alone and later start scar treatment. If this Assistant did her job right in the first place, I wouldn't have needed all this doctor hoping, crying and worry! I have a baby at home also that put me in a bind since I needed to get sitter. Can I take this hospital to Small Claims? How much can I sue for since my insurance pays for the doc visits? Any tips?

The doctor didn't even see her. It was a physician's assistant. The scar is about 2-3 cm long. It's not a huge one, but I'm worried about how it's going to heal. So I won't know the final result until a year later probably.

You can sue anyone at anytime for as much as you want as long as you can afford it........

You can not win a law suit, the doctor at the hospital did what she thought was best, and they will have their own plastic surgeons and specialists saying their ER doctor did the right thing. How about worrying more about taking care of your kids and less about collect money you do not deserve and will never get

Why 'small claims' court? Cases in small claims court typically cap out at about 5 thousand dollars. It seems like you may have a legitimate and serious malpractice suit against the original hospital, and you should consult a real lawyer. If your daughter is scarred for life or requires extensive plastic surgery, then you may be able to recover sufficient funds to cover that. Pain and suffering has a cap on the top payout, but you may be able to get something for that too. Consult a malpractice lawyer (check your phone book) and see what they recommend.

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