Every parents nightmare...

Ashley - posted on 03/21/2009 ( 165 moms have responded )

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I took my 2 years old to her 2 year check up a couple months ago. There was a new Medical Assistant there who didn't know what the heck she was doing. When the MA was ordered to give my daughter her last DTAP, she came in the room, proceeded with the shot, BUT, she poked my daughter, poked herself(the MA) and then poked my daughter again with the SAME needle! Now, I had lost my voice so thank God I had my mother there with me at the time. It all happened so fast I couldn't stop it. I am supposed to protect my child and I couldn't. My daughter went through a lot of tests to make sure she didn't have anything and thank God she doesn't, but here's the kicker....the doctors office is trying to stick me with the bill when it was their mess up!! I don't know what to do, should I pay for it or should I take them to court?

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Jen - posted on 03/22/2009

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Contact the state Medical Board, so that they can be notified of the offices lack of ethics in billing you for the issue. I would also report the MA to them, as well, which may not keep her from getting another job or guaranteeing that she'll lose her license, but it will notify other potential employers of her issues.

Shelly - posted on 03/21/2009

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Ashley,



  I'm not a big avocate for law suites so that said let me ask this the bill hat they are trying to stick you with was it for the shot or for the testing ??? If it's for the testing DON"T YOU DARE PAY THAT BILL ...For this MA to use the same needle to give your daughter her any shot after poking herself is outrages...And then for them to try and make you pay for the testing just adds insult to injury.  I would look for a personal injury lawyer and see what they tell you.  Like I said I'm not big on suing b/c most mistakes that are made are just that they are still human but this is negligence on the MA's part she know that what she was doing could harm your child...Good luck and keep us up dated

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Brittany - posted on 04/18/2011

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TAKE THEM TO COURT! That mistake is unacceptable, the girl went through her training, a 10-year old would know better! Then, trying to make YOU pay? Oh no, not happening, oh, and you might want to find a new doctor ASAP.

Rhondi - posted on 03/26/2009

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Let your Dr. know what is going on. The MA should go back to school for futher training. I don't think the Dr. is to blame for someone else's errors. We should be accountable for our own actions. He ordered tests but SHE  used the needle very carelessly. That needs to be addressed big time.

Rhondi - posted on 03/26/2009

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Do not pay, seek legal advise. Talk to your doctor. AND bring your mother in on all of this. She can help back you up and you both can keep eachother clear.

Carrie - posted on 03/26/2009

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Sorry you had that experience, I don't have any advice but so glad you daughter is ok.

Lauren - posted on 03/26/2009

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Under no circumstance should that have happened and I have to agree with all the other Mom's that have posted. Discuss the situation with an attorney!!!! Everything moves faster and to your benefit if requests are made through a letter from a legal office! I would also report it to the medical board. That MA should NOT have continued to use that needle!! Good luck & keep us posted on how it turns out!

Lauren - posted on 03/26/2009

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Under no circumstance should that have happened and I have to agree with all the other Mom's that have posted. Discuss the situation with an attorney!!!! Everything moves faster and to your benefit if requests are made through a letter from a legal office! I would also report it to the medical board. That MA should NOT have continued to use that needle!! Good luck & keep us posted on how it turns out!

Lauren - posted on 03/26/2009

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Under no circumstance should that have happened and I have to agree with all the other Mom's that have posted. Discuss the situation with an attorney!!!! Everything moves faster and to your benefit if requests are made through a letter from a legal office! I would also report it to the medical board. That MA should NOT have continued to use that needle!! Good luck & keep us posted on how it turns out!

Anne - posted on 03/26/2009

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Holy crap, I would have flipped out too! I mean letter to the local newspaper and everything! That is not only careless and the stupidest thing that I have ever heard, but also unprofessional that they expect YOUR insurance company to take care of THEIR mistake! Also, if you trust and like your new Dr, I would ask them what to do and see what their protocol on that is as well. They might be able to offer some insight. Good luck and I am glad that she is well!

Jen - posted on 03/26/2009

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COURT! and as much of a pain as it is....find a new doctors office!  That is rediculous

Joanna - posted on 03/26/2009

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pay the bill then take them to court. trust me I got this information from an srs class.

Joanna - posted on 03/26/2009

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pay the bill then take them to court. trust me I got this information from an srs class.

Elizabeth - posted on 03/26/2009

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OH heck yeah id get  a good lawyer and sue not only  the MA but the dr. office if shes still their  ok i know there are accidents but if she couldnt handle job im sure some one else could have . hope shes ok now. and id sure as heck not pay any bills that come.they should be paying you but thats just my opion Elizabeth

Lorelei - posted on 03/25/2009

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I would talk to the doctor's office and tell them you will not be paying the bill and if they pursue the charges, tell them you will be going to the local newspaper and then to a larger newspaper and then to the local television newscast until the doctor's office agrees to pay for the mess the MA created in the first place.

Orla - posted on 03/25/2009

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What!! Take them to court!! don't let them bully you into paying up, that is ridiculous. Get a letter from a solicitor straight away saying you are not footing the bill and intend to take the matter further. they have insurance for this sort of stupidity, they are just trying to be clever. List all the possible consequences that this error could have resulted in and have that in the letter too. you'll probably get an apology within a few days and never have to go the whole way. Don't back down!

[deleted account]

She is a human being (possibly with kids of her own) who most likely did not plan to have such a terrible day or to ruin yours.

Kimberly - posted on 03/25/2009

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I would raise a big stink on that!!!!!!!!!!!!!!!!!!!! that is something that you or your child should have NEVER had to go through.

Crystal - posted on 03/25/2009

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WOW! crazy...i agree court may just drag out and to me it gets overdone, hence the high cost of insurance. if i were you i'd request to sit down with my doc and the ma, and tell them exactly how you feel and be straight with them and tell them under no circumstances you should have to pay that bill. i believe if you are firm with them and are clear with what you want, they will do it. best wishes!

User - posted on 03/25/2009

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Call your state's department of health & human services and tell them what has happened.  Then, if you have insurance, call the state department of  insurance.  Each agency should assign you an investigator to the case - your doctor's office is required by law to report incidents like that to the despartment of health.  And if they didn't then you should.  That MA should lose her job and the ability to work in the medical field ... disgraceful.  Good luck.

Tiffany - posted on 03/25/2009

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I would take them to court, its not your fault that they hired someone who doesnt know what the heck they are doing.

Elizabeth - posted on 03/25/2009

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Absolutely do not pay the bill and take them to court for the bill and the anguish caused to you by their incompetence. Tell them that this is what you are doing in a letter and keep a copy for yourself. Be firm with them. They may well back down anyway.

Donna - posted on 03/25/2009

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take them to court as a medical assistant they need to know they job she put your daughter life at risk your daughter could have had anything she should have lost her job u did protect her we want our kids to be in safe hands when they go and see a doctor or nurse she didnt do her job so they should be the ones to pay

Amanda - posted on 03/25/2009

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Absolutely do not pay the bill.  I am in the UK, so not sure how these things work in the US, but if they have your insurers details, call them & tell them, in case they try to claim from them directly.  I would, again, nt sure of how things work, but I should imagine they have a practice manager or similar - get an appointment with them ASAP, explain why you are not going to pay the bill, and also that you expect them to pay for the tests you've had to pay for to ensure your daughter didn't contract a devastating disease, AND tell them, due to the strss of the situation on you & your family, you are instructing an attorney - should make the listen, & in the event it goes to court, you are claiming for this distress as well as the cost of all of the tests - assumedly for HIV, Hep B & C, & the costs relating to the botched vaccination.



Best of luck to you

Danielle - posted on 03/25/2009

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OMG! I work in a hospital and from my point of view as an employee and a mother
I would definately seek help from a lawyer.  In most cases as soon as they find out you are seeking legal help about it they will just write the bill off. But let the lawyer inform them there is legal action not you personally.

[deleted account]

if u cant win in court ( i think u can ) .. go to the medical association .. and lodge a complaint .. that ma really needs to go back to school for more training .. and u have your mother as a witness and the trama your child is going through .. its not right .. raise a stink and make your voice heard ...



we have to teach our children that going to the dr is okay how can we if crap like that happenes .. what if she /he gets real sick and u have to take them in kicking and screaming .. i wouldnt want that .. i have 3 beautiful grand children .. and no way would i let any one get away with that .. my fingers would be speed dialing ..

Erin - posted on 03/25/2009

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I would definetly take them to court.  Medical bills are not cheap, and you shouldn't have to pay for their BIG mistake!

[deleted account]

Quoting Joan:

contact the board of medical examiners in your state. That is the organization through which doctors get their licenses in the state. Make a complaint on the doc and the MA. They will have to investigate it, and at worse, the doc can lose his license, as with the MA. The only way the medical association is going to change, is if people hold the practitioners accountable for their errors. I always ask for a nurse to give my child injections. They have more experience, know what they are doing, and in my mind outshine an MA any day.


this is wrong! Do you realize what a horror it is for the state to investigate a doctor? The doctor probably does not even know it happened. Obviously the MA tried to cover it up and continue giving the shot. The doctor took 15 years of schooling to get to that position for an MA or RN to ruin their lives!

Iysha - posted on 03/25/2009

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Take them to Court!!! Dont let them take control of that situation... They are always

going to screw someone out of anything even when it is their fault. Don't worry about

feeling helpless is those situations. It prepares you for worse things. I can give you a list a Lawyers that are good depending on where you live.

[deleted account]

I am a doctor and the quick idea to jump to court/lawsuit just makes me cringe! The doctor probably does NOT even know this happened. You should make an appointment with your child's pediatrician and talk face to face about the whole situation. Ask if he/she knew. Ask if that MA is still working there. Ask what training she got before/after the incident. Everyone has to learn medicine (i.e. giving shots somewhere but preferably not on your child!). Communication is important in every aspect of life especially to diffuse conflict, so COMMUNICATE! don't just jump to going to an EXPENSIVE lawyer.

Next give the pediatrician copies of all the bills for the tests, office visit, and vaccination and ask that they all be canceled. Also ask that the current visit you are at not be charged. Most reasonable physicians will be able to cancel all the bills especially if they own the business. Even if they don't own the business, they have some influence over billing, and it is much cheaper for the doctor/group to pay your bills then to pay 1 hour with a lawyer (p.s. our is $600/hour).

Stay calm....and thank godness your daughter is safe and healthy! And unless you love that specific pediatrician you may want to find a new group to go to and ask questions of the next medical assistant who has to inject your child! Good luck!

Sonia - posted on 03/25/2009

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How long ago did this happen, alot of times you have a small window to take legal action. I would definittely take this to court. And do not pay any of the bill. Its harder to prove your case if it shows you paid any of it. And also as far as your legal advise it sould not be harder to win b/c your daughter did not get any disease from the neddle. The case is being billed for services they had to do for their negligence. Good Luck with this and keep us posted.

Samantha - posted on 03/25/2009

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I would run straight to a lawyer's office!!! that is inexcuseable!! what if something had happened to your daughter?? There's no way in hell I'd pay for the bill let alone sit by and let them get away with this! I would sue for all the tests and compensation for all the trauma this caused!! This could have been a fatal mistake.. yes accidents happen but we trust people in that field to do the right thing without another thought and when someone screws up royally they should know it and suffer the consequences!!

Stacey - posted on 03/25/2009

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no way- how dare they but the blame on to you- u definatley have a case to take tham to court.



Go to citizens advice and do not pay any one- if any thing they should be offering you compensation for the tests u have had to carry out and all the worry and stress.



Poor you and your child.



Good luck



Stacey

Allisondduncan - posted on 03/25/2009

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I know it's hard to think of the situation in this manner, but you need to approach it from the angle of "just another complaint" to a business.



What I would recommend is filing a complaint with the AMA and the local Better Business Bureau. You might also try filing a complaint against the Office with the hospital to which the Doctor's office is attached. Pressure thru the pocket book so to speak.



Once you have their attention [and enough properly worded complaints in these venues will due the trick], you need to allow them to back out gracefully as long as they take the bills with them. They have fired the culpable party, so at this point you are only trying to get the bills out of the way. Keep that in mind.



I've made so many large companies back off of bills that were in the thousands of dollars through similar methods. Be polite. Be firm. Be consistent. I can guarantee good results.



Good luck.

Tracie - posted on 03/25/2009

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Definitely court!!!  That person doesn't need to be an MA anymore!!  Even people who are not medically trained know how dangerous that is!!  And the clinic should have punished the MA or fired her and offered to do anything they could to make it right with you!!  One good letter from your lawyer could possibly get the bill done away with!!

Lisa - posted on 03/25/2009

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i wouldn`t doctors have a responsabilty to their patients i would make them face up to that responsability

Misty - posted on 03/25/2009

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Talk to a lawyer, ask him if you have a case. Doctors tend to stick by one another and they might make it hard for you to get anywhere. Good luck girlie.

Traci - posted on 03/24/2009

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id take to court, call bbb, and sue their asses. those mistakes shouldnt happen

Julia - posted on 03/24/2009

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Check with your insurance company to see if they have dispute resolutions procedures.  Though not the same I got a bill for $800 from the hospital when my daughter was born when it should have been a $100 copay.  My insurance company had a division whoes job it was to take care of the dispite.  Also I suggest getting the opinion of a second lawyer but I would not pay a bill that is a direct result of the negligence of another.

[deleted account]

contact the board of medical examiners in your state. That is the organization through which doctors get their licenses in the state. Make a complaint on the doc and the MA. They will have to investigate it, and at worse, the doc can lose his license, as with the MA. The only way the medical association is going to change, is if people hold the practitioners accountable for their errors. I always ask for a nurse to give my child injections. They have more experience, know what they are doing, and in my mind outshine an MA any day.

Alix - posted on 03/24/2009

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I'm not usually pro-lawsuits, but you need to take them to court! If only to set a standard and make it clear that this is unacceptable. That MA needs to lose her job. Oh my God. I would have freaked out if that had happened to me. How scary. Best of luck!!

[deleted account]

I worked as a tech in the ICU and drew blood off a port from a patient and proceeded to take the top off a clean needle that I placed on the tube of blood and accidently poked myself.  I did not poke the man again or anything like what happened to your daughter so he was not exposed to my blood but since I could have been exposed to his blood, they paid for testing of his blood and my blood.  THEY paid for all of the testing for me and the patient.  Funny thing was the patient could have refused the testing.  So, the most important thing to the hospital was the health of the patient and myself (the employee) even though it was my mistake, which mistakes do happen unfortunately, and they happen fast!  As you said.  When it happened to me, it happened so fast I didn't even realize I did it at first.  I don't know if the MA realized it happened in your case?  If so, she should have quit at herself and had someone else step in and finish the job and saved herself, the hospital and you a lot of trouble.  I too agree that I wouldn't pay any of the bills as of yet, document all phone calls (who you talk to and when) and get yourself some sound legal advice before proceeding any further.  Good luck to you and your family!

User - posted on 03/24/2009

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They should be covering it under their workplace health.  I work in healthcare and the dr's office has insurance for a reason.  It would be very irresponsible for them to think that it would have been okay if she didn't get all those tests done.  If reasoning doesn't get through to them then definitely take them to court.

Tammy - posted on 03/24/2009

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Take them to court!!!!  And report the MA to the medical board!!!!  There is no way she should be allowed to do that to another child and parent.

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