QUESTION

Can I sue the hospital for emotional stress for the way I was treated during miscarriage?

Asked on Jul 10th, 2013 on Personal Injury - California
More details to this question:
I went to the hospital in December while bleeding while I was pregnant. I didn't have insurance. I only seen the emergency room doctor and she did a blood test and gave a urine sample and she also did a pelvic exam just like a Pap smear. I was told I was possibly miscarrying and to come back in 2 days to get my blood levels checked again because they could be dropping or I'm earlier than what they thought. I went in 2 days later to get that test done just for the hospital to tell me they can't do it without paying 241$ up front cause I had no insurance at the time. I couldn't pay that because I had just lost my job. They said they were sorry but there was nothing they could do. I was worried about my baby and was crying profusely for help just please check to see if my baby was ok. I had to run to the health department to see if they could test my blood to make sure the baby was ok they gave me a 45 day insurance for pregnant women. I went back to the hospital and they finally took my blood level now that I had insurance. They sent me to the baby doctor where all he did was review my test results told me to lay back and put his fingers in me and said he can confirm I'm having a miscarriage. He said I don't need to come back unless I don't quit bleeding or have a high fever. I've never had a follow up or anything. This was my 1st pregnancy and I just feel as though I was treated real badly just because I didn't have insurance. I have hospital bills that are expensive and they want me to pay $810 for a doctor that I never seen physically saying he was behind the scene but he probably diagnosed me.
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6 ANSWERS

You likely do not have a case for intentional or negligent infliction of emotional distress because it generally requires you to have physical ramifications in excess of what the situation would normally include. However, you may have grounds to not have to pay the bill partially or in full if they are basically charging you for services which you know were not performed or consented to.
Answered on Jul 14th, 2013 at 8:10 PM

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Thomas Edward Gates
While you can sue, you will not prevail. To prove "emotional stress" from a legal standard has a high bar of proof. You will be unable to meet this standard.
Answered on Jul 14th, 2013 at 8:10 PM

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Ronald A. Steinberg
You can try, but you will lose.
Answered on Jul 14th, 2013 at 8:10 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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According to your statement, the hospital gave you the blood test and the doctor gave you the pelvic exam. You got the insurance you needed and the treatment required, so there would be no grounds for you to sue anybody for anything. You are experiencing the ideal of the conservatives, in which those who are fortunate enough to have insurance can get the treatment they need, but the millions who don't get told "we're sorry but there's nothing we can do".
Answered on Jul 14th, 2013 at 8:09 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I doubt it. there are not many medical services any us can get without insurance coverage or cash.
Answered on Jul 14th, 2013 at 8:09 PM

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Motor Vehicle Accidents Attorney serving Van Nuys, CA at Law Offices of Andrew C. Sigal
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While you were certainly treated very, very poorly, there is no claim against the hospital and/or its staff. Under the law, rudeness does not equate to negligence.
Answered on Jul 12th, 2013 at 11:57 PM

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