QUESTION
Can I sue a hospital for mistreating me because they assumed I was drunk?
Asked on Feb 29th, 2024 on Medical Malpractice - Texas
More details to this question:
I recently started a new medication for my ADHD- so I do not drink while prescribed it. I passed out at a bar after my heart rate was so high from the movement, the medication, and dancing. I was throwing up, passing in and out until EMTs came. EMTs asked if I drank and I said 2 shots which was the truth. I was placed into the psychiatric room of the hospital where I was visibly upset due to past psychiatric experiences in that room. I was throwing up over the rail and a nurse grabbed me by my neck and told me it was not okay for me to throw up over the rail. After that they asked for pee when they made me walk to the restroom with security. I left AMA after the same nurse said something rude to me when I was walking back to the room. I don’t know if I could consider it being mistreated, but I answered all questions correctly- the only reason I think they believe I was drunk was because I passed out at the bar.
1 ANSWER
Commercial Litigation Attorney serving Frisco, TX
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If the conduct of the hospital staff fell below the standard of care for health care providers in their particular field of medicine and their acts or omissions proximately caused you damages, you may be able to recover for medical malpractice. Only another medical expert can tell you if that is the case.The circumstances you describe would likely be a significant part of any medical history which health care providers often use in making a diagnosis. This type of case tends to be expensive and, unless you suffered very serious health consequences as a result of the hospital's conduct, you should not think that an attorney will accept your case on a contingency fee. You should presume that your mandatory expert report will cost you $5,000-10,000 out of pocket and, if you have to go to trial, your expert will likely demand at least another $10,000 to testify on your behalf.Some of your complaints--1) being told not to vomit over the rail; 2) having security accompany you to the restroom to collect a urine sample; and 3) a nurse saying something rude to you--do not constitute actual torts which would support a cause of action but may be peripherally relevant.
Answered on Mar 04th, 2024 at 2:43 PM