Q: Can a doctor be sued for leaving needles in the sink and not thrown into a bio hazard can?
My wife and I own a small cleaning business and we cleaned for an allergy doctor. There were several times we would come in to clean, and there would be needles left in the sink and not thrown into a bio hazard can. Also on occasion we would find needles on the floor and never picked up by staff. A few months ago my wife was pricked by a needle when she was emptying the trash can because someone had not properly disposed of it into the bio hazard can. I had several conversations with the person we dealt with through email giving my concerns about improper needle disposal. It was a constant thing finding needles in the sink and a couple of occasions finding them on the floor. I want to know if I would have a solid case for this? I have proof for the above mentioned.
A: You may have a case but you don't have any significant damages--other than a concern for what might be on the needle. A bigger problem is that if you were aware of the hazard and continued to clean nonetheless, you may be considered--under your state's law--to have "assumed the risk." I suggest you contact a Tennessee attorney who handles injury cases and gves free consultations.
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