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View Full Version : Help!! Any legal minds here? Plasma injury...



GriffeyFan
08-14-2006, 06:52 PM
Hello all:

Here's the situation.

I have been donating plasma twice a week for about 2 months now (took a 10-day break in the middle). Anyway, every donation had been fine until last Wednesday. During this donation, the technician (or whatever you can them) apparently put the needle in too far and caused a hematoma on my arm. My left arm (around the inside of the elbow as well as part of the forearm and above the elbow - pretty much my entire left arm) are very bruised. The nurse there said it would only last 2-3 days. It's now been 5 and it's as sore as it was the day of.

After suffering the injury on Wednesday, I went back in on Friday to show them my arm. They went ahead and gave me my $25 without donating and I went home. This extreme soreness is still going on and is very painful. I had to miss work last Thursday.

I want to have it checked out by my doctor but I'm on my own now and can't really afford hundreds of dollars if they would do tests and such (I have to pay the first $400 before insurance kicks in).

So my question to any legal minds here would be this: would I be able to "sue" the plasma center for doctor fees? I don't remember what I signed off on when I first started. I don't know if I signed a waiver of some sort or not and I doubt they would tell me if I did. I want to find this out.

Let me know if anyone has had a similiar experience or remember if you had to sign a waiver or not.

Chainer
08-14-2006, 08:18 PM
What hospital are they affiliated with? If they are affiliated with a hospital, the plasma center should be able to get you free treatment, if pushed enough.

Dom Heffner
08-14-2006, 08:28 PM
I don't remember what I signed off on when I first started. I don't know if I signed a waiver of some sort or not and I doubt they would tell me if I did. I want to find this out.



The doctor's bills may be so small that this would only be a small claims court case- why not just call the clinic, tell them you are in pain and would like to have another physician look at it but at their expense. My feeling is that with a little old fashioned charm you might be able to get that out of them.

As far as signing a waiver- don't always assume that just because you signed a waiver that it holds any legal weight. It's very hard for a company of any kind to waive their liability. If that were the case, Ford would have you sign a waiver saying you won't sue them if anything is wrong with their cars.

You see those "Beware of Dog" signs or "No Trespassing" signs? They are just yard decorations as far as the law is concerned, because they don't give a homeowner a lick of protection in a lawsuit.

I would think the same goes here: a Doctor or medical facility cannot waive their right against malpractice. Their only standing here would be that if there is an inherent risk with certain body types to get a hematoma and they specifically warned you about it and you signed off. Even then, a lot of times these waivers are just deterrents to make you think you can't do anything to them.

My feeling is that if they harmed you, they need to pay up, regardless of what you signed.

The only thing that is working against you is the amount of money due to you, because you can't find an attorney to work for what they owe you, unless costs start mounting up or you miss a lot of work due to the injury.

RedsBaron
08-15-2006, 07:33 AM
Dom's advice is pretty much spot on.

Red Heeler
08-15-2006, 07:44 AM
A hematoma resulting from plasma donation would be considered a common complication of the procedure, and therefore not malpractice. While it would be nice of them to pay any associated medical bills, there is no legal grounds to force them to do so.

Johnny Footstool
08-15-2006, 09:35 AM
If they refuse to pick up the medical tab, let them know you'll be contacting the local news team to warn them of the dangers of giving plasma.