Legal Question in Medical Malpractice in Virginia

I took my fiancee to the ER because she had 3 seizures prior to us getting there. She had walked in to the ER what time I was getting my stuff out of the vehicle. While she had walked into the ER she had another seizure and they took her back to a room and started working with her. The MD and my fiancee had a prior acquaintance from a former hospital when she was younger. She was on drug back then with that MD and because the MD knew her she started telling my fiancee what drugs she on this time and everything. My fiancee had been 14 months clean from any drugs. While she was going through the seizure the MD had the nurse to check my fiancee's eyes to see if they was dilated. While going through the seizure. Her eyes was dilated but you would figure so if a person was having a seizure. She had not ate in about 5 days and had only gotten a couple hours of sleep in the past 4 days. So that could cause her eyes to be dilated. She had not ate nor gotten much sleep in that length of time because she received news that her mother could pass away any day so her stress and nerves was really bad. She had a really close attachment to her mother. The MD order her blood to be taken for a drug screening. The MD asked her right after she had the seizure what medications she was on and where she just had came out of it her mind wasn't working correctly and they would not let me back there with her for around and hour so I could not tell what all the medication she was on. It came back positive for amphetamine which was considered speed. My fiancee has a variety of medical problems her problems are. Seizures, bi-polar, schophrenia, post dramatic stress syndrom, anxiety attacks, ADD, restless leg syndrom, fibromyalgia, and panic attacks. She does take adderall for her ADD which it does contain amphetamines in it. My fiancee continued to have 3 or 4 more seizures in the amount of time it took for the drug screen to get back on her blood. The MD kepted on insisting that she wasn't having no seizures whats so ever she symply was overdosing on speed. She threatened me and my fiancee that if we did not spend a night in the ICU due to her overdosing. She was going to call the law and have her locked up for it. She only had took the amount of Adderall as she was prescribed for her ADD. So we had no choice but to spend the night in the ICU. When they got her up to the ICU she was very responsive showing no signs of overdosing even while down in the ER she wasn't showing no signs of it. Her nerves was bad from talking about losing her mom and everything to me and the nurses. So the nurses gave her an atavin shot for her nerves. She in matter of minutes became calmer and everything with her not crying over her mother possibly dying any day now. The entire time she was up there she was having problems of remembering things showing signs that she had alot of seizures and her brain wasn't functioning right at all. Where the nurses in the ICU kepted her calm with giving her all of her medication she takes as well as nerve shots with atavin. She did well the entire night and everything. I was wondering if there was something we could do because she had shown more signs of having bad nerves and everything than going and being an overdosed person. They put me down as I brought her in due to over dosing when I told them plainly that I brought her in because she was having to many seizures and didn't want nothing to happen to her mind or anything. I felt as if we was being wrongfully accused of her being overdosed due to the MD's prior experience with my fiancee when she was on drugs. My fiancee had been clean for 14 months now. I was wondering if there was something we could do to sue or take care of the hospital where the MD falsely accused my fiancee of being an overdose person. Than not even focusing on her nerves being bad and her having multiple seizures


Asked on 1/02/11, 2:59 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, not if the MD was making an honest attempt to diagnose your fiancee's medical condition that caused her to be brought to the ER (in my opinion).

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Answered on 1/07/11, 8:44 pm


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