Sylmar, CA asked in Personal Injury for California

Q: Im a nursing student & my clinical site had flea infestation. i got 30 bites after they said they fumigated, can i sue?

told my professor & told me “thats public health for you” & i also notified the site & they said “they’re probably mosquito bites” when its obvious they’re not.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: As a nursing student facing this situation, you may have some legal options, but pursuing a lawsuit might not be the most straightforward or beneficial course of action. Here's some general advice to consider:

1. Document everything: Keep a record of all communications with your professor, clinical site, and any medical treatment you receive for the bites.

2. Seek medical attention: Have a doctor examine and document your bites to confirm they are indeed flea bites and not mosquito bites.

3. Report the issue: File a formal complaint with your nursing school and the clinical site. Consider reporting the issue to your local health department as well.

4. Review your agreements: Check any agreements or waivers you might have signed with your school or the clinical site regarding potential risks or liabilities.

5. Consult with a lawyer: If you're seriously considering legal action, it's best to speak with a personal injury attorney who can evaluate the specifics of your case.

Before pursuing a lawsuit, consider:

- The potential impact on your academic and professional relationships

- The time and cost involved in legal proceedings

- Whether there are alternative resolutions, such as requesting a different clinical site or seeking compensation for medical expenses

While you may have a case for negligence if the site failed to properly address the infestation, lawsuits can be complex and time-consuming. It might be more productive to focus on ensuring the issue is properly addressed and preventing future incidents for yourself and other students.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: You certainly could sue. But you also have to consider what you'll get in such a lawsuit for all your troubles. What were your damages? If they aren't significant or permanent, and they are unlikely to be, what will be the monetary valuation of such a lawsuit. Also, fleas are everywhere - in people's homes, in their beds, on their pets, etc. Although your frustration is justified, those points would likely confront you by the defense. That's my individual opinion. Different attorneys could see the same matter differently. You could reach out to attorneys to discuss - that would be the most definitive way to answer your question. Good luck

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