What is a first aid station’s liability if the people there used an unclean medical utensil on me so I have had to have numerous blood tests?
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What is a first aid station’s liability if the people there used an unclean medical utensil on me so I have had to have numerous blood tests?
I have had to have numerous blood tests to rule out things since then due to the object being contaminated with blood. The person who did it is aware but will not cooperate with me. I am trying to figure out what my options are here. I need help with paying for the blood tests. They will not pay for them. What can I do to get them to pay for my medical bills? Do I have to find something in my blood first or are they liable since it is their mistake? This happened at a theme park first aid station.
Asked on July 29, 2014 under Personal Injury, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If they will not compensate you voluntarily, you would have to sue them. If they were negligent, or careless, in their treatment, such as by not using a sterile tool, they may be liable; however, they are only liable for your actual costs (e.g. unreimbursed or not paid by insurance medical expenses), other out-of-pocket losses (like if you missed work), and, for *serious* injuries or conditions which affect quality of life for several weeks or longer, possibly some amount of pain and suffering. If you are fortunate enough to not become sick, all you could likely recover are the costs of your blood tests; that may not be worth the cost of a lawsuit.
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