Can You Sue Montana Doctor For Malpractice for Not Finding a Sliver in your leg?

Question: Do I have grounds to sue a hospital ER for not seeing something on an x-ray that was clearly there?
Question Detail: I was at a restaurant when a piece of wood broke off a bench and lodged into my leg. I felt it go in but was unable to remove it. I went to the local ER where the doctor told me that he didn't think anything was there. He ordered me x-rays and it showed that nothing was there. I refused to leave and had him feel the area where the skin was punctured in my leg. You could clearly feel the piece of wood (about 2-3 inches long) poking from both ends but he still insisted there was nothing there and sent me home. Not trusting this doctor I went to an urgent care center the next morning where they had to cut my leg open to remove the piece of wood. I was also told, that wood would not have showed up on the x ray. I have no insurance and am awaiting a bill. Do I have means to sue to dismiss the bill or for any other damages?

ANSWER:  No lawsuit is likely because your damages are too limited.  You can complain to the billing department, tell them you don’t want to get an attorney and ask for a reduction in the bill but you need to be ready to pay something if they refuse to zero it out.  

Is Montana Costco Store Responsible For Negligent Shopping Cart Driver?

Question: If you get hurt on someone's property, should their insurance to cover your medical bills?
Question Detail: My 82-year old mom was bumped from behind by another customer's flatbed cart. She fell and bumped her head on the floor. I took her to urgent care and they did a CT scan. No skull fracture was found. In the four days since this happened, her pain is spreading to her whole head, her neck, jaw, and shoulder. The store says they will not help with her medical bills because it wasn't their fault.



ANSWER:  The store is not responsible for the negligence of one of the shoppers.  That shopper would be personally liable.  The store's insurance policy could include "medical payment" coverage if they wanted.  This type of coverage can pay medical expenses even though the store was not legally libel for the carelessness of shoppers.  For example, not all spills on the floor prove the store is automatically negligent.  They have a duty to patrol on a reasonable basis and to have cleanup supplies available. 

Can I Sue A Montana School For My Son's Broken Arm

Question: Can I sue the school for negligence and no good supervision for my son's injury?
Question Detail: My son was pushed by another student while they were playing soccer at the gym class and had a very bad broken bone. The school didn't write a report about the accident and the teacher doesn't know what happen.

ANSWER:  You can sue but it will probably be dismissed.  The school is not responsible for another student pushing your child.  Children will push and shove each other.  Be thankful it wasn’t a traumatic brain injury.   Those don't always heal and they last for a lifetime.

Montana Workers Compensation FAQ's

Can I Sue Montana Senior Housing For Making Me Fall at Lunch?

Question: Can I sue the senior housing for my injury?
Question Detail: I fell on March 06, 2012 in a senior housing unit while attending a community meal. I was seated and got up and the side of my foot caught on molding around. What used to be a dancing area, falling on my right elbow injuring it and possibly neck. Have an appointment Feb 05, 2013 with neck and spine specialist. My family practice Doctor said I'll have this the rest of my life, numbness in wrist and fingers fell asleep all the time an elbow hurts all the time.

Yes.  And guess who will become a target for retribution?  They would defend by saying "Lift your feet when you walk, just like my grandmother used to say?."

Is Montana Karoke Bar Responsible For Costume Trip and Fall?

Question: What can be considered under premises liability?
Question Detail: The place I live has karaoke on Thursday evenings. It is a family restaurant/bar situation with a pool and game room for children. We went this past Thursday and I was only there about 3 minutes when I had gotten up from my chair to go and say hello to a friend I had recognized at the establishment. Upon getting up from my chair, I hadn't noticed but there was an item on the floor that did not belong on the floor (I guess belonging to another patron). It was half on a chair and half on the floor. This item was a mermaid costume. The costume colors blended in with the chair and I hadn't noticed it until after I fell. The tail of the costume was described as being slippery and this portion of the costume was on the floor and is what made me slip and fall. My husband picked it up and said this is what you slipped on and it's slimy and slippery! It was 'quickly' removed by someone (but the place has security cameras). Anyway, the lead bar tender brought over a cup of ice water and said she was not allowed to provide me with ice. Another customer left the place, went to the 7-11 and brought back a bag of ice for my foot. I had twisted my knee but that was okay. My ankle was another story. I figured the ice would make it heal up and I'd be okay. The next day it was swollen even worse and more painful so I went to the hospital. I had x-rays done and a cat scan that determined I may need surgery because my foot is actually broken. Is this not under premises liability? I hadn't even gotten a drink at the establishment. I was not drunk and I also was wearing flat and sensible shoes. Is there a lawsuit here ?

Answer:  Probably not.  The bar is not responsible for the costume owner.  I don’t think the costume owner is more to blame than you so applying comparative negligence law, you would not recover.  You should talk to the insurance company and see if they have “medical payments” coverage which can pay regardless of fault, but usually limited to 1-5 thousand dollars. 

Can Montana Diner Sue Restaurant For Cheesecake Slip and Fall?

Question: If I fell at a restaurant while walking in the hallway to the restroom what should I do?  Well this happened a couple of months ago my friend and I were walking to the restroom of this well know restaurant and as I was leading the way walking in the hallway leading to the restrooms I slipped and fell on my side little did I know there was some type of cheesecake on the floor never did I think to look down while I was walking to restroom after I fell and I was on the floor my friend then called the manager and he then told an employee to clean it up while he was asking me what happened he also gave me a gift certificate for 50.00 I was upset because I couldn't believe what he was offering me so I then called the cops made a police report and after that accident happened days and weeks of pain on my right side starting by my lower back to my hip down to my leg of server pain couldn't sleep at night and couldn't stay standing for long because of the pain I couldn't go to a doctor because I don't have insurance so one day I had to miss work because I of the sleepless night with pain and I went to the ER at the hospital wheel they did X-rays and gave me a shot for the pain and some muscle relaxers when the X-rays came back doctor told me I had a congested in my bone which was them explained to me that it severe bruising inside the bone and it would heal on its own with time and they prescribed me muscle relaxers which didn't help so now I'm stuck with this pain that was mot gone away and medical bills that I can't afford as the result of this I missed days at work with no pay and they fired me as well what should I do now ? I need help to pay my medical bills and I'm am not able to work if standing up for long without pain this has really affected me physically mentally and emotionally I feel so depressed and stress not being able to do what I used to. I got a call once from the main corp. office bit I didn't speak to them cause I've been trying to get a hold of my attorney and yet mo response please help me out!

ANSWER: You have probably waited too long in seeking medical care to make a serious case.  Are you sure it was cheesecake?  Call the cops was a little over the top wasn't it?  That would make a jury think you are a crank or a whiner.  

Can Customer Sue Rude Montana Pharmacist For embarrassment?

Question: Can I sue a pharmacist slander and theft? I take a certain medication that's expensive and I get 30 each month. I pay for 5 pills at a time. I keep all bottles and receipts. I went to get five, they ran out and only had two pills. I paid for five and they wrote on the receipt and bottle we owe him three pills and they signed it. I went to get the pills and he totally went off on me and really talked bad to me. He threw my bottle at me and would not listen to me or even look at what I had. He said don't ever come back. Even the ladies working there were so shocked. I'm hurting without my pills and the doctor is 200 miles from here. It takes time to get my appointment. I hate sounding bitter, but this man clearly hurt my feelings I was so ashamed. I told him I spend lots of cash with him. He said you look like you have lots of money. It was totally awful. I will report him, sue him, anything I can do I will please help me.

ANSWER:  No.  You probably felt like a druggie on the street feels when some stranger accuses them of being a useless scumbag and waste of space.  Fire this pill pusher and find another.  You don't need him.  You don't have to take rude treatment.  You could picket his drug stand, but the cops would probably arrest you and ask questions later.  Change pharmacies.  There is always a Walgreens or Walmart nearby.

Can I Sue My Insurer For Not Covering Stolen Cash?

Question: What can we do if the insurance company is paying us so much less that what was robbed?
Question Detail: We had a robbery and the break in they took most of my power and other stuff, the total was about $11,000.00. Now the Insurance Co., will only pay 2,000.00 dollars. Because the policy which we never received changed Totally unbeknown to us what can we do ? And can we take them to court over this or let it go. There is more to this also.



ANSWER:  Stolen cash is too easy to lie about, so insurance companies put low limits in to keep the insured from being tempted to exaggerate the size of the cash box contents.  You should have read your last policy renewal.  That's your responsibility.  Bump it to 25K and get ready for the next burglary.

Can The Newspaper Be Sued For Libel?

Question: Can I sue the paper for not removing the article that contains lie against my son? 3 yrs, ago this paper made false stories about my son and I, my lawyer informed them of the same the paper wrote the story again and apologized, however never took the article out of the paper now this is still affecting our lives. Are they allowed to keep this ongoing in the paper I am thinking of suing. Please help.

Call Insurance Company If You Get Sued.

Question: What can I do if the driver is claiming a hurt shoulder and is suing me?: Two years ago, I was in a car accident where I changed lanes improperly. I was in a Ford Taurus and it was totaled, the semi that hit me seemed fine. The driver is claiming a hurt shoulder and is suing me. What should I do?