Can I hold the ER responsible if I fractured and dislocated parts of my foot, but they never set my toe back and as a result I had to have surgery?

Your post fails to explain anything that your treating physician and hospital did that was wrong. Specifically, in order to prevail in a medical malpractice claim, you must prove something more than that your treatment did not work out properly or that some untreated condition persists. Rather, you must prove, by expert testimony, that the treatment departed from the applicable standard of care. You don't explain what that standard is and what the departure was. More importantly, although it may seem unseemly, it will be nearly impossible to attract the services of a first-class personal injury attorney to take on this claim. This is so because the damages you have suffered are measured primarily in terms of some discomfort and inconvenience, rather than protracted loss of function, disfigurement, loss of income or loss of the enjoyment of life. For that reason, the monetary damages recoverable for this kind of negligence -- assuming that your treating physician and hospital were negligent -- are small. Most attorneys will not take on a matter like this on a contingent-fee basis.