Legal Question in Medical Malpractice in Oregon
A medical bill I don't think I should have to pay
On 10/20, I cut my thumb pretty bad. I went to the medical center nearby, and an MD stitched up the cut (4 stitches). An appointment was made for 10/30 to remove the stitches.
Not long afterwards, I noticed that I could no longer move my thumb back all the way like I could previously. I didn't think much of it, so I waited until 10/30 to let the doctor know.
At the appointment, the same doctor took one look at the range of movement of my thumb and said ''you need to see a surgeon and right now.'' 30 minutes later I was under the knife to have a tendon repaired. I had cut right through it. The surgeon said the 10 days didn't impact his ability to repair it. Another week or so might have made it more difficult.
I don't feel I should have to pay for the MD stitching up my thumb ($273), because it was his error that resulted in the wound having to be reopened afterwards. In other words, I'm paying for the stitching up twice. The MD never asked to see how I could move my thumb, nor did he notice the tendon being cut when he sewed it up. I think he was negligent. He should have sent me to the surgeon in the first place.
Thank you.
1 Answer from Attorneys
Re: A medical bill I don't think I should have to pay
It may well be that the doctor would have needed to KNOW about the lack of movement problem in your thumb. You said that symptom wasn't apparent to YOU until awhile after the ER visit. Medicine is not an exact science -- it may well be that the REPORT from you of the movement problem is the only reasonable way for the doc to have KNOWN there's a problem.
In any event, while it would be unlikely to be worth your effort to fight the bill to stitch up your thumb the FIRST time, you might at least try arguing it to the billing clerk, and, you know, craft complaining letters carefully. They might waive that bill for you, you never know. Ask to speak to the hospital's "Risk Management" people, and tell them you want to make a liability claim for the amount of the bill, and see if THEY can get it waived. They have money laying around to get rid of smaller claims. You just never know.
ONE CAVEAT: MAKE SURE that you're medical condition is STABLE, and you're WELL, and you will have no ONGOING or FUTURE problems from any negligence in connection with all this.
Good luck -- and contact a local lawyer in your area to inquire about all the laws that might apply to your situation!
Sam Hochberg
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