My husband became septic after going to ER due to accident and losing skin on finger. ER did not clean wound. Do we have a case?

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My husbands hand was caught in press. The index finger skin was pulled off but slightly attached. The ER Dr. did not clean the area just sutured it together. My husband returned a week later as instructed. The same Dr. said his hand and finger looked good and to keep it open. He told the Dr. his hand was obviously still extremely swollen and pain had increased. Dr. sent him home. Two days later he was very sick and his finger was oozing. I took him to ER close to home and he was admitted for immediate surgery. He was in hospital for the next three days due to sepsis. He is now on in home IV for the next three weeks. The treating surgeon said there was dead skin around the bone and tendon and it was obvious he was not treated correctly at the first ER Dr.

Attorney Answers

3
Elizabeth Herd ·
Emergency rooms are not usually the kind of providers who handle follow up care, so the standard for the care that they give is much higher in most states. You will need to contact a local lawyer to see if there a requirement of something more than just negligence in your state. You may also want to contact a personal injury lawyer to look at the facts regarding the injury. Perhaps there is a claim against the press manufacturer. And your husband may have a workers compensation claim if it is not too late to file a notice of injury for the on the job injury.
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Paul F. OliveriPersonal Injury LawyerNew York, NYNY licensed ·
Attorney Herd has provided a very good answer, and I strongly agree with her suggestion that you explore all available legal options. Concerning your medical malpractice question, I believe you've provided enough information for me to suggest you speak to a local med mal lawyer. You have well articulated that your husband was probably the victim of medical negligence, but other factors need to be investigated and reviewed. There are many components to these types of cases, many of them governed by laws that are specific to your jurisdiction. To get the truly right answer, a consultation with a experienced local medical malpractice lawyer is the way to go. Best of luck.
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Robert Schall ·
Question should they have scripted you antibiotics?. Also did they recommend your husband follow up with his family doc? Was your husband compliant with any and all reccomendations?
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