Wednesday, January 30, 2013

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.  

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