Do I need to get legal help for a bill when I fell at a doctors office under there watch and got sent to the emergency room

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Do I need to get legal help for a bill when I fell at a doctors office under there watch and got sent to the emergency room

Went to urgent care for asthma issues, was
getting a breathing treatment, was left alone
and I felt like I was going to faint, called for
someone, they asked what was wrong, I said I
was going to faint, she left the room again and I
woke up on the floor. I fell 4 off the exam chair
on my face. Was sent to the emergency room.
Have a hefty bill and doesnt look like my
insurance will cover it. Looking for legal advice

Asked on April 12, 2018 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue even without a lawyer if you can't find one interested in taking this case (called suing "pro se"). The fundamental issue is, they are NOT automatically liable because you were at their office: they did not become responsible for making sure you did not fall just because you were there. Calling out to their staff, in a medical office, that you felt faint might be enought to make them responsible (since being aware of a medical problem or possibility of injury, a medical office should take reasonable steps to avoid harm), but you'd still have to show that they were not acting in a reasonable fashion. If the woman you spoke to, for example, was going to get a doctor in response to what you said, that would be  a reasonable act, and they would not be liable because they were acting reasonably. (The law doesn't make them or anyone responsible simply because of an injury: there first must be a duty or obligation to act, and then secondly, they must have acted unreasonably carelessly--reasonable actions do not result in liability). So your case is far from a certain one, and that reduces the interest that attorneys have in taking it, since unless you were giving the lawyer a large upfront retainer (a large deposit against potential costs), if you don't win, they won't be paid--and lawyers don't volunteer their time (they are a business, like any other business). So you have a case that yes, it would be helpful to have an attorney for, but which may not be a good case, since it is very possible that they acted reasonably in response to what you said and so are not liable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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