Legal Question in Personal Injury in California
Pain & sufferingin small claims court?
I manage an orthopedic medical practice. A patient was warned not to place her fingers in a specific spot on our xray table or she could get injured. She placed them there anyway and got two fingers pinched, sustaining a bruise & small laceration. We treated these injuries with first aid and follow up evaluations. There were no complications. 3 days before the 2-year statute expired, the patient filed a small claims lawsuit against our x-ray technician for the max $7500, but did not include the practice or her doctor. Does she have grounds to sue the xray tech, and can she sue for pain & suffering for such an insignificant injury when she has no actual medical bills?
4 Answers from Attorneys
Re: Pain & sufferingin small claims court?
You need to call your practice's liability insurance carrier and get them involved.
Re: Pain & sufferingin small claims court?
"Does she have grounds to sue"? She did didn't she?!
You've just described the defenses and facts that will be raised in the hearing. Who's right will be decided by the judge. You're lucky she didn't file in Superior Court and force you to pay big attorney fees.
Re: Pain & sufferingin small claims court?
She might well have a case, but contributory negligence will be a huge factor since she was given notice of a dangerous condition. With that said, one might wonder why a dangerous condition may exist within reach of a patient.
There are a lot of issues in your fact pattern, but you can thank God that she is only suing in small claims court because if it were superior court, litigation cost alone may be thousands upon thousands.
With regards to taking this to your malpractice carrier, you may want to weigh the cost vs. benefits, because this accident may increase your rates, for a measly small claims action.
Good luck.
Re: Pain & sufferingin small claims court?
The patient was warned (as long as you can prove it) then she has no case. Her damages sound very minimal as well so I wouldn't worry unless there are facts you haven't told me about.
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