More details to this question:
I took 40 pills one night experimenting with suicide. 3 days later the pills that i took gave me stomach ulcers. I admitted myself to the ER. While in the ER, I refused an IV insertion from a nurse who was being rude to my family. Just for this she had me put in restraints where they shot me up with the psychoactive drug, Haldol and Ativan. I woke up with EKG stickers on my chest and no IV which was supposed to be the reason i was being "tranquilized". My condition at the time had gotten worse. I can go into detail about how terrible i was treated but unfortunatly there isnt enough space. I feel as though this situation has severly traumatized me about going to hospitals. I understand that I have the right to refuse treatment. I''ve also reported this to patient satisfaction but i still havent gotten a response from them. is it possible to sue my hospital?
2 ANSWERS
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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You do have a right to refuse medical treatment, unless you are judged to be incompetent to make the medical decision. Generally speaking, when there is a question about competency, someone will make an application to a Court of competent jurisdiction to have a guardian ad litem appointed to make decisions on your behalf.
While it does sound like the hospital took a shortcut through the process, (assuming someone wasn't already appointed as your guardian in the past) you do not have an economically viable malpractice claim because you didn't sustain long-term damages from the restraints and the medication, Beyond that, it is difficult to imagine that a jury would find your circumstances sympathetic.
Answered on Mar 06th, 2012 at 12:22 PM
I am sorry to hear about this experience. Hospitals can be sued but I am not sure if the experience you had would constitute medical negligence or malpractice. Medical negligence cases are extremely hard to prove as our state laws make it difficult to sue doctors, hospitals and other health care providers. You also must have some form of monetary damages and emotional distress alone will usually not suffice. If you are still interested in pursuing this, however, I would request the medical records from you stay at this hospital and read over them. Medical negligence cases depend a lot on medical records. If you still want to proceed and seek the advice of an attorney after getting and reading your medical records, start contacting local medical malpractice attorneys in your area and if you can get an appointment, bring your medical records with you. However, unfortunately, I do not believe you have a strong enough case based on the information you provided here for a suit against your hospital. Good luck!
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this information.
Answered on Feb 28th, 2012 at 11:29 AM