Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Thank you for using Just Answer. I look forward to helping you this evening.Yes, you can under a theory of malpractice (negligence). To be successful in such a claim, a plaintiff would have to show that that the company breached the duty to the patient, causation (that is, there is a direct cause and effect link to the injury) and damages, that you suffered harm.You'd likely need expert testimony to prove that the ailment was a direct result of the office visit and could not be acquired through any other means --which I suspect would be a key argument of the defense. Also, because malpractice cases can be very expensive to litigate ($75,000 or more), unless the damages were significant, it may be very difficult to find a lawyer to take on representation.Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!
Thank you for your reply.Having a record of someone who came into the office with the same virus and symptoms that you later showed 2 days after your visit would certainly strengthen your claim. Merely having the doctors present that day testify that it is "highly likely" you got the virus at the optometry office isn't necessarily enough because of course a defense attorney is going to pick that apart. For example, how contagious is the disease? Would you be able to tell someone had it if you were in contact with them? How is is spread? If it's highly contagious, is it possible that the plaintiff caught it from someone else they came into contact with (e.g., at the emergency room, work, the grocery story, etc)? How long between getting the virus and showing symptoms?In other words, a doctor probably cannot conclusively say that it was contracted from the optometry office. However, if it is then also shown that around the same time/day another patient came into the office with the virus and then you got it...well, it certainly makes it harder to claim they aren't liable.
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