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Doctor left wood in my hand

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carronx5

Junior Member
Illinois. Several weeks ago, I was injured when a piece of wood went through my finger. I went to the emergency room. To make a long story short, the doctor ordered an xray, then said he found nothing, but admitted that xrays don't really show wood. There was a clear injury from where the wood entered, and it was sticking out about 1/4 in on the exit end. He then broke off the wood that was sticking out of my finger, leaving a rather large piece in my finger. He insisted that he got it all out, but I protested because I could feel that something was still there. He told me that I have a low pain tolerance, insisted that it was out, and sent me home with pain meds. After 2 more doctor visits, a missed week and a half of work, and a nasty infection, a nice chunk of wood was cut from my finger, which had showed up perfectly via ultrasound.

I called the hospital to speak to them about my treatment, and after ignoring me for about a week, they finally called and said they had investigated it, and would waive the ER bill. They said that the physician and radiology are billed from outside companies, so I would need to pay that out of pocket and then they would reimburse.
The hospital lady then tells me that she is sending a waiver for me to sign and when I asked what I'm waiving, she skirted around it, then finally said I would be waiving my right to claim future liability towards the hospital; AND she says the only thing I will see on the waiver form is the $252 out of pocket ER expense, not the reimbursement agreement for the other.

Now I know that this is not some major huge medical emergency, but the doctor left the wood in my hand which did result in infection, and in turn, a longer healing time because they couldn't close the wound because of the infection. I lost wages also. Is this grounds for some kind of lawsuit?

Also, is it 'legal' that they still collect from my insurance company for something they obviously admit they dropped the ball on? Otherwise, why would they agree to pay anything?

I'm not saying they owe me thousands of dollars, but I do want to be treated fairly.
 


quincy

Senior Member
Illinois. Several weeks ago, I was injured when a piece of wood went through my finger. I went to the emergency room. To make a long story short, the doctor ordered an xray, then said he found nothing, but admitted that xrays don't really show wood. There was a clear injury from where the wood entered, and it was sticking out about 1/4 in on the exit end. He then broke off the wood that was sticking out of my finger, leaving a rather large piece in my finger. He insisted that he got it all out, but I protested because I could feel that something was still there. He told me that I have a low pain tolerance, insisted that it was out, and sent me home with pain meds. After 2 more doctor visits, a missed week and a half of work, and a nasty infection, a nice chunk of wood was cut from my finger, which had showed up perfectly via ultrasound.

I called the hospital to speak to them about my treatment, and after ignoring me for about a week, they finally called and said they had investigated it, and would waive the ER bill. They said that the physician and radiology are billed from outside companies, so I would need to pay that out of pocket and then they would reimburse.
The hospital lady then tells me that she is sending a waiver for me to sign and when I asked what I'm waiving, she skirted around it, then finally said I would be waiving my right to claim future liability towards the hospital; AND she says the only thing I will see on the waiver form is the $252 out of pocket ER expense, not the reimbursement agreement for the other.

Now I know that this is not some major huge medical emergency, but the doctor left the wood in my hand which did result in infection, and in turn, a longer healing time because they couldn't close the wound because of the infection. I lost wages also. Is this grounds for some kind of lawsuit?

Also, is it 'legal' that they still collect from my insurance company for something they obviously admit they dropped the ball on? Otherwise, why would they agree to pay anything?

I'm not saying they owe me thousands of dollars, but I do want to be treated fairly.
I suggest you contact an attorney in your area for a review of the waiver and a review of all facts of the wood injury and treatment. I would not sign the waiver without this personal review. It is possible you have some legal recourse.

Good luck.
 

quincy

Senior Member
A lawyer is not going to be interested without significant permanent damage.
A lawyer could be.

I would not want to move ahead in signing a hospital waiver that does not include the agreed-upon reimbursement for radiology and physician costs, at any rate.
 
You required additional medical care and lost wages, perhaps in part due to the initial treatment. (Hard to say - radiolucent foreign bodies are notoriously hard to find in soft tissue.) You should definitely run this by a lawyer. I agree that a major med-mal specialist prob. won't be interested in the relatively small dollar amounts involved.

At a minimum, the hospital should have offered to cover all of your out-of-pocket medical expenses, including physician fees.
 
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Zigner

Senior Member, Non-Attorney
Umm....

In the waiver agreement.
Yes, that is why the OP needs to get the waiver clarified. The offer was made and then they neglected to put it in the waiver. But, again, the offer was made.

(This is the part where the gracious poster replies with something to the effect of "Yes, I misspoke.")
 
Yes, that is why the OP needs to get the waiver clarified. The offer was made and then they neglected to put it in the waiver. But, again, the offer was made.

(This is the part where the gracious poster replies with something to the effect of "Yes, I misspoke.")

They didn't "neglect" to put it in the written waiver papers.
 
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I am not insulting any of the lawyers here.

I do question Zigner'z posts here.
.
 
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quincy

Senior Member
I am not insulting any of the lawyers here.

I do question Zigner'z posts here.
Feel free to question what you want and think what you want.

But then maybe you can consider moving on. ;)



edit to add: This thread has been edited so much that some comments in this post no longer made much sense - so I deleted them. You can take back your "like," Eekamouse, if what is left of my post is no longer likeable. :)
 
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