Legal Question in Personal Injury in Virginia

I went to a hospital emergency room last weekend. I am a chronic pain patient, was low on my pain meds, and the ambulance people took me to a hospital ER. When I was interviewed, first by the nurse, then by the doctor, I never once asked for any narcotics. The ER doctor gave me a "narcotic" (not sure what it was - I was in so much discomfort I didn't ask) and an anti-nausea medication. I told the hospital RN I was allergic to Compazine in non-oral form. The anti-nausea medication I received (Phenergan, I do remember that name given to me from the doctor) was in IM/IV form, as was the narcotic.

Prior to receiving the medications, I was miserable, but not as miserable as about 45 - 60 minutes after I received the hospital meds. After my visit, I found out that Phenergan is in the same class as Compazine. While I was trying to call for a taxicab to take me back home (I had no one with me to drive me home), the ER doctor "ran" my name through some sort of system, and came back into my room to inform me he had done so.

He was surprised at the amount of chronic pain meds I receive, but anyone not trained in pain medicine always is. He stated he noticed I only went to one doctor (doctor-speak for, "You are not doctor shopping; you don't act like a typical drug addict - maybe you aren't one; maybe you really are just a pain patient, after all").

After he left my room, I was able to grab a few moments of rest, without having gotten a hold of the taxicab. My nurse returned, I guess to check on me, awoke me, and it was then that I began to feel more miserable than when I arrived.

I began to call out for someone (including Jesus) to please help me. I had to keep crawling out of bed to try to get to the phone to call a taxicab. I was miserable. Somewhere, sometime, throughout this process of calling out for help, calling the taxi (and, finally, reaching them!), security was called on me.

I was in shock. I asked if someone could check to see if my cab was at the ER yet, but no one helped. Finally, another nurse came back in to tell me I was disturbing the other patients. I apologized, and I told her I was feeling worse than before, and that was why I was calling out. My call button was out of my reach. I fell twice getting out of bed to call the cab.

The nurse who told me I was disturbing other patients was very rude to me. She asked, with a laugh, if I wanted to be readmitted. I didn't even know I had been discharged. At first I said, yes, then I said "No", just forget it. I'll go home. The "security" was on "stand-by" for some reason, during this part of my conversation with the nurse, escorting (with their hands on me) towards the exit. I was never asked if I was ok after the "treatment" I received - if the "treatment" worked.

I became distresssed at the hospital personnel's behavior, and I asked for the "head" security man's name. He wouldn't give it to me, so I began to read his badge. It was at this point the most brutal treatment occurred. This security guard pushed me, with force, away from him (I was completely within a reasonable distance from this man). I twisted my left leg, my bad leg, as I tried to steady myself.

I was in shock. I turned to the other security guard and I said, "Did you see him put his hands on me?" The other guard stated, "I saw you bounce off of the security guard. He is a big guy and you easily bounced off of him." Then, I was "kicked out" of the hospital, and made to wait outside, in the cold, on the cold, concrete ground, because I could not stand. The cab driver felt so sorry for me that he turned off his meter, and said to pay him whatever I felt I could pay him. It was so humiliating.

I was never inappropriate. I never cursed. I never became hostile. I believe I was labeled a trouble-making druggie, and was treated with disdain because of this. The hospital personnel automatically assumed I was crying out for more "drugs", which I never asked for in the first place. I was just so ill; I needed help, but instead I was manhandled, and thrown out of the hospital into the cold night.

Can you help me?


Asked on 4/19/10, 6:10 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Contact a lawyer who handles malpractice cases (although your case is a sort of a combination case.)

My office is in Reston Town Center, and you are welcome to make an appointment to talk about it. 1818 Library Road, Suite 500, Reston, Virginia. By appotinment. (703) 656-1230.

Initial consultation is free. Depending on your case, I might take it on contingency (no fee up front.)

Of course you are entitled to choose your own attorney and there are probably many who could help you.

I think you have several grounds for a lawsuit.

First, ASSUMING THAT YOUR DESCRIPTION ABOVE CAN BE PROVEN of course, there may have been malpractice in treating you. (My only hesitation is if they did not know that you were allergic.)

I certainly think that AFTER giving you medication the failure to recognize the bad reaction is malpractice. They blamed you for having a bad reaction to the medication instead of seeing a MEDICAL problem and responding to it.

The PROBLEM with a malpractice claim is that you have to prove the dollar amount of your damages.... how you ahve been injured. Virginia is very stingy on this. And you do not seem to have much in the way of financial loss.

Second, however, the physical confrontation is simple "battery" -- an intentional tort.

For this I think that punitive damages could be awarded.

The two situations are related. They will say that your behavior made it necessary.

You would attempt to prove that their failure to diagnose your bad reaction to the medication caused them to misinterpret your behavior.

In the end, I think that hospitals that beat up their patients would result in some punitive damages in any lawsuit.

Read more
Answered on 4/27/10, 5:54 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Virginia