If my newborn baby's finger was cut off in a hospital, can we take legal action? 15 Answers as of September 21, 2015

I want to know if we can take action. I gave birth to my daughter two days ago. While my baby was in the wing, she had her finger cut off when the nurse tried to remove the tape from her arm.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
This sounds very hard. It's hard to see how removing cheap front of finger could separate and on unless there was some problem with the child's cartilage or otherwise. You might very well have a pause of action against the hospital. consult a skilled personal injury lawyer in your locality.
Answer Applies to: Wisconsin
Replied: 9/21/2015
Law Offices of George H. Shers | George H. Shers
Obviously that is negligence. See some local medical malpractice attorneys [is actually hospital negligence and not malpractice since not done by a Dr.] as to what evidence need preserve, likely recovery, etc.
Answer Applies to: California
Replied: 9/15/2015
Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
I am sad to hear that your newborn baby girl had her finger cut off while in the hospital as a newborn baby. What a tragedy. It appears you may have an injury case on behalf of your newborn baby girl.
Answer Applies to: Utah
Replied: 9/15/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
Yes, consult a lawyer.
Answer Applies to: New York
Replied: 9/15/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Yes, that is pursuable. Certainly, cutting off a finger while attempting to remove tape is a breach in the standard of care. I hope they were able to sew the finger back on. What is the condition of the finger at this point?
Answer Applies to: Michigan
Replied: 9/15/2015
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    How awful! You need to contact a personal injury attorney. Most offer a free initial consultation and you would not be required to pay anything unless that attorney obtains money for your daughter. Look at Avvo website to compare reviews from former clients for the attorneys you are considering.
    Answer Applies to: West Virginia
    Replied: 9/15/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Likely medical negligence.Contact a medical malpractice lawyer
    Answer Applies to: California
    Replied: 9/15/2015
    Steven Meyer | Steven Meyer
    You should definitely consult with an attorney in your area who's experienced in handling medical malpractice cases. If you happen to be in Florida, we'd be happy to speak with you about the case.
    Answer Applies to: Florida
    Replied: 9/15/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report (up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn?t think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
    Answer Applies to: California
    Replied: 9/14/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes. Consult a lawyer that does medical malpractice cases.
    Answer Applies to: Alabama
    Replied: 9/14/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depending on the circumstances, it certainly appears that you would have a cause of action for your child's injuries.
    Answer Applies to: Michigan
    Replied: 9/14/2015
    Chalat Hatten Koupal & Banker PC
    Chalat Hatten Koupal & Banker PC | Linda Chalat
    As a mother, I can only imagine your outrage and concern. My sincere sympathy on the harm caused your baby daughter. You have a very strong claim against the hospital and the nurse. I strongly recommend that you discuss this matter with an experienced medical malpractice lawyer. We have extensive experience with such cases and would welcome an opportunity to answer your questions and discuss your options.
    Answer Applies to: Colorado
    Replied: 9/14/2015
    Stephens Gourley & Bywater | David A. Stephens
    Yes you do.
    Answer Applies to: Nevada
    Replied: 9/14/2015
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    You should consult an attorney specializing in medical malpractice.
    Answer Applies to: Florida
    Replied: 9/14/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case as a result of the injury to your daughter. What has the hospital said to you as a result of the incident (have they admitted that they were completely at fault)?
    Answer Applies to: Illinois
    Replied: 9/14/2015
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