This goes against what everyone in this thread is saying, but, you don't have much of a case for suing.
As a lawyer my advise to you is to: 1. cut the tag. 2. contact the company so they can warn others. (Help out your fellow man.) 3. get over it.
Your baby must have suffered damages to have legitimate case. Scratches that have since healed won't do it. You don't even have any doctor bills. Same with the guy with the sliced bread problem, your dad has since passed the plastic from his bowels, and you didn't mention any lingering pain or complications he is suffering. Not every bad thing that happens to you requires a lawsuit.
Everyone who had to read this thread sufferred lost wages (for the time we spent reading it at work), loss of companionship (for the time away from our loved ones reading it), loss of enjoyment of life, and pain & suffering. I propose a class action against the OP for starting this thread. We should specifically request that he be immersed in a tank full of baby-snuggie tags.
For what, the cream you spent to heal your baby's scratches? Save the time and money, ain't worth it. Maybe, next time you will learn to be a little more careful.
On a serious note, I'm wondering if I have a case. Here is the situation I went through: While overseas, developed a dissected artery in the neck. I orignally thought I slept on my neck wrong, this turned into headaches on the right side of my head. When I got back went to ER as the headaches got worse. This was on a Thursday. They did blood work and CT scan and found nothing, gave me muscle relaxant and pain killer and scheduled MRI not for that Sunday, but the following Sunday and released me. That Friday night woke up and seemed cross eyed and could not lift arms, thought it was due to muscle relaxant. In morning felt fine. When driving later, became dizzy and nausious, vomitted and went back to ER. Different doctor did blood work and thought I had high blood pressure and prescribed Lisinopril. He then released me. The following week had some dizzy spells again. Then on Friday, had severe dizziness and almost blacked out twice with severe vomiting. Called 911. EMS came and took blood pressure. The said it was probably Vertigo and recomended that they not take me to the hospital. I did not show any identification nor did I sign anything. That Sunday, went in for my MRI. Had MRI and went home. Received a call from the 2nd ER doctor that saw me and told me to come back to ER due to something they noticed in MRI. When I arrived he stated I had a possible dissection in an artery in my neck. They took me to ICU and did more test, including an angiogram the next day. It was determined I had a dissected artery and had numerous strokes over the past week, week and a half. I also had another stroke while at hospital. I have been released and seem to be fine and am currently on blood thinner. They are having me rest and let the artery fix itself on its own. I'm curious as to what the lawyers on the board have to say and don't want to start a new thread. Is there at least a case where the Doctors and EMS crew have a case that can be referenced in the future to resolve other cases?
I'm no doc or lawyer but I mean who are you even looking to sue? The company that hired you or the doctor? The doctor treated you to the best of his/her ability and just missed what the real problem was, why would you even think of suing them?
The company that I work for has nothing to do with it. The fact that I saw multiple doctors and an EMS crew and they seemed to take the easy answer and not look into the real problem. Why schedule an MRI a week and half later instead of bringing me back the first time I was at the ER. I had multiple strokes after that first visit, one while I was driving. All I really want is for them to look at worst case scenarios first not, the simple way out. Could have cost me my life or permanent damage.
Some of these replies are damn harsh. When you're a parent with a first kid, you're bound to be overreactive. When **** happens, it doesn't mean you're a bad or negligent parent. What the OP could do if he's concerned about other babies getting scratched is write a letter to the company about their tags and forward it to a website like the Consumerist. Might not amount to a hill of beans, but at least you tried, and you already know better.
The issue with this logic is that people would be angry that a doctor looked for some worst case scenario (incurring excessive cost) when it usually is not the case. People seem to expect doctors to know exactly what they have and know exactly what test will reveal it. It's impossible. If I go to the doctor for a harsh cough, they're probably not going to test for throat cancer or tuberculosis or something unlikely like that initially. They treat what they think it probably (and usually) is such as bronchitis or some common throat bug and if it persists after that treatment, then more and more tests are done (especially when new symptoms arise).
as a doctor 2 things... 1. the rule for malpractice is not that a physician has to be right. it's that they have to do what is reasonable and expected for your symptoms. i can't really comment as to whether your symptoms should have warranted further workup or not (i'm a pediatrician and so your symptoms are out of my league). 2. as far as looking for worst case scenarios first - unfortunately if every physician practiced looking at worst case scenarios then health care would cost even double or triple what it costs now. every child with a cold would get a chest xray and blood work and costs would skyrocket. every headache would get CT scans and neurology consults. there is a saying in medical school: "when you hear hoofbeats, think horses not zebras" i.e. don't waste time going after the rare stuff unless you've eliminated the common stuff. unfortunately medicine is mostly art and not an exact science and so things will get missed. it's one of the reasons I tell every parent "but if things get worse or persist then let me know, because I reserve the right to change my mind"...
You know how I know you're American? You wanted to sue for something unnecessary. On a serious note, this thread has underrated hilarity.
This. If you really want to help people out, bring it to the attention of the company and then post a review on consumer websites. No need to go through the trouble of taking it to court for something so relatively minor. As a parent, you'll know to check for tags next time. I don't think people would be condemning your parenting skills (you have to learn a lot of things through experience and trial and error) if you weren't so quick to sue. Yeah, they may be partly responsible, but this his hardly lawsuit worthy. That's one think I hate about our society, people are willing to sue and clog the court systems over ANYTHING.
