Q: How liable is a clinical study for injury from a blood draw needle?
I'm participating in a clinical trial, we're at a point where we return only once a week to do a single blood draw. On one of these blood draws a few days ago a woman do the draws aggressively stuck me in the arm, causing a shooting pain down my arm, she then wiggled the needle around in a circular motion trying to find a vain. She couldn't and I had to wait for another phlebotomist to draw my blood on my other arm, because the arm from the previous poke was already bruising up. She was having issues getting blood from other participants too. In the days since I've had loss of strength in that arm and other pains and symptoms associated with damage to a tendon. Are they liable at all for this injury? I'm a bit worried about allowing them to continue to draw blood from me after her lack of professionalism.
A: A Missouri attorney could advise best, but your question remains open for two weeks. The short answer to your question is that they could be liable. In terms of a viable case, that could depend on damages. You could consult with attorneys to discuss further. Based on what you describe, it looks like you suffered injury. I hope you are okay. From a practical standpoint on the severity of injuries that a law firm would consider moving forward with, that could be a firm's call - you could learn that in speaking with attorneys. Good luck
A:
Yes this could be a malpractice case.
First: Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Second: the harm must be sufficient to warrant a malpractice case.
Consult with experienced malpractice attorneys in the state where this occurred.
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