Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘Can I sue a hospital for the Post-Traumatic Stress Disorder that my 10 week old baby developed after his 5 week stay there? His symptoms actually starting showing after he was given a spinal tap (without anesthesia) 1 week prior to his release home. He was scared of everything and cried for everything. He would not sleep unless a nurse held him. He discontinued sleeping alone. The nurses thought and said that his constant crying must be from the pain, but once that was resolved, he continued. Also, at home, it continued and got worse right after his doctor follow-up visit. The next day and now at home, he is a complete mess. He lives in terror of everything, from changing his diaper to picking him up. He constantly cries, is unsettled, and takes a long time to calm and soothe for sleep. He wants me to constantly hold or carry him even though at times he will look at me in terror and scream for hours (until he falls asleep again). I need to take him to specialists because of the stress he, I, and the rest of our family lives though each day. I feel so upset and stressed by his pain. I need to hold him consistently and wonder what will happen when I go to work and someone else will not be able to deal with the stress of a baby screaming the entire day, in between meals and sleep. My calm and sweet baby has been changed into someone who fears me and everything I do. Hospitals need to take better care as to how they treat infants because they can remember and do. Anesthesia needs to be used for painful procedures, too. Please advise me as to help my baby as well as other infants that might experience trauma from hospital stays. Can I sue or what can I do? Thank you in advance for your time and assistance.’
Question: This is what would be known as a personal injury case, and personal injury cases are *highly* fact-specific. The good news is that personal injury cases, if they have a chance of succeeding, are usually taken on contingency, meaning that you would have to pay relatively little up front, because the attorney would get paid out of the settlement or judgment. So, your best bet at this point would be to set up a consultation with a couple of different personal injury (also known as “PI”) attorneys in your area.
