Bridgeton, NJ Personal Injury Law Firms & Lawyers

In order to have a case against the hospital, you would have to prove that they were negligent in some way and you would have to prove that you suffered more than nominal damages; otherwise your case would cost you more than it was worth. The fact that the pin was on the floor does not prove the hospital was negligent in and of itself. For them to be negligent you would have to show that they knew the pin was there and failed to pick it up or had acted in some other way that a reasonable person would not have. In your case it is unlikely that the hospital was negligent and even less likely that you could prove it if they were. Most likely, the pin was dropped by another patient and went unnoticed by the staff for an insignificant amount of time (like in between times when they cleaned the floor). More importantly, your case is not worth very much money as it stands. How much is a jury likely to award you based on being stuck with a pin.

Medical malpractice has the legal standard off whether the doctor's performance fell below the standard of care. You need an expert physician to opine that these prior doctor's acted below the standard of care. That's te first hurdle. The second hurdle is that you likely signed a consent form acknowledging a host of possible complications. If your current situation is one that was discussed with you or waived by your consent form, then you have that hurdle to overcome as well. My suggestion is that you speak with an experienced medical malpractice attorney to get an opinion of whether you have a case. There are not enough facts provided by you here to make a valid assessment. Nearly all such attorneys will provide you a free consultation. Having copies of your medical records is something you will need to get, but even if you request them, they usually do not produce the entirety of your file. That usually happens only in litigation (assuming of course that they have not sanitized the file by removing or altering records to avoid liability to you for their poor performance).