If I went to plasma donations center and the person hooking me up missed my vein causing me an injury, can the center can be held responsible for my medical bills?

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If I went to plasma donations center and the person hooking me up missed my vein causing me an injury, can the center can be held responsible for my medical bills?

While wiggling the needle trying to find a vein he punctured an artery which caused it to bleed out into my arm. I had to go to the ER because this caused swelling in my arm and numbness in my fingers.

Asked on May 29, 2015 under Malpractice Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If a center employee was negligent (unreasonably careless) in how he performed his job and thereby caused you injury, then you should be able to hold both him and/or the center (as his employer) liable for your medical bills. You can only recover your out-of-pocket medical bills--that is, those you paid personally, not any paid for you by insurance--and will have to sue them if they will not voluntarily pay.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The plasma donation center is liable for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable plasma donation center would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit, it may be possible to settle thc case with the plasma donation center's insurance carrier.  Inform their insurance carrier in writing that you will be filing a personal injury claim.

When you have completed your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.  Your personal injury claim filed with the plasma donation center's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the plasma donation center's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the plasma donation center's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the plasma donation center.

If the case is NOT settled with the plasma donation center's insurance carrier, your lawsuit for negligence against the plasma donation center must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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