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Enough evidence for a personal injury case.
Anonymous5 views7 answers
I recently got a large tattoo on my shoulder. It got infected and I ended up in the hospital for 2 days because of it. The doctors don't seem to know the cause of the infection, but did say that it was most likely needle. It was basically a staph infection apparently. I did research on the infection and it's possible to get from a tattoo needle, but not exclusive to it and is associated with a weakened immune system which I do have. The tattoo parlor has a camera, but I got a tattoo a few weeks ago so the tape may be thrown out. Do I have a case against the tattoo parlor? I have other tattoos and no such thing happened. Thank you very much.
Evidence summary:
1. Infection is possible from needle.
2. Experienced with tattoos so unlikely my own doing,
3. Tattoo parlor might have tape.
heridan Leigh EnglandLitigation LawyerWashington, DC ·
Yes, this is enough to bring a lawsuit. You should consider, however, that your case may require the use of expert witnesses, and it will not be a cheap case to pursue.
The tattoo parlor probably (hopefully?) has an insurance policy for this kind of thing. You may be able to settle with the help of a NY licensed attorney.
Did the tattoo parlor do something that you observed that showed a break in aseptic technique? If not, infection can occur in the absence of anything being done improperly. Staph can reside on normal skin and gets introduced whenever there is a break in the skin. Therefore, you might not be able to prove your case. if you can find other people who suffered infections after tattoos at the same parlor that may help you pursue your case.
Timothy J. FennellPersonal Injury LawyerOswego, NY ·
I'm sure you signed some type of consent. if you don't have a copy then you should get one. infection may have been one of the risks you agreed to. however, you didn't agree to be treated negligently. an expert may be necessary to advise if they did something wrong or if they did not follow their own procedures.
I appreciate that you are submitting your question now with more detail but the principle remains the same. Problem is, now there is some equivocation: "doctors dont seem to know the cause", "basically a staph infection apparantly" , "possible...but not exclusive", "associated with a weakened immune system". You can't win a case on a maybe, possibly, could be. You need evidence to prove causation.
The first question that any attorney would ask you, is there any permanency to your condition. If not, given that an expert would be needed to prove your case, the cost of litigating it would be more than that of what you would recover. If the medical condition is permenant, then I would contact an attorney. The responses that you receive from a doctor and those that an attorney receives, are usually very different. If causation can be established then you might have a case that is worth pursuing.
