Can this hospital be sued for abuse of medical authority, or sexual abuse or what? My girl is upset and feels violated.

Asked almost 2 years ago - 86442

My prego girlfriend went into a hospital asking for a blood test and a UA to give to her midwife as directed. The hospital instantly admitted her to OB and insisted on checking her cervix or she would be discharged as refusal of medical attention. Girlfriend accepted and it was done. The same nurse insisted she was in labor, girfriend argued and said baby is bumping your monitores. Nurse ignored and alerted the doc over the phone. After I arrived I asked what was going on. Nurse told me she was in labor. Over all this nurse was wrong. The date girlfriend went in was 9/30/12, once I saw what was going on and everyone was calling her in labor and I knew better I pulled her out, went home and made a phone complaint. Today is the 6th and the baby is still in the oven and about 2 weeks to go

Attorney answers (5)

  1. Joseph D'Aguanno

    Contributor Level 5

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    Answered . The basics of what you described do not rise to the level of medical malpractice. The hospital personnel may have been overzealous, but it does not sound negligent.

    I cannot comment on the potential criminal aspects of the events, but believe your girlfriend would be better off filing a written complaint with the hospital's risk management department. She will likely receive, at most, a phone call with an apology.

    This answer should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice.

  2. Adam Todd Dougherty

    Contributor Level 12

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    Answered . No. Abuse of medical authority? There's no such claim. There was no sexual abuse and more importantly your girlfriend has sustained no damages which means she doesn't have a case.

  3. Michael Lawrence Doyle

    Pro

    Contributor Level 20

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    Best Answer
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    Answered . This is not a criminal law question and not a violent crime. If anything, there are questions of malpractice. I am not an expert an malpractice but I think you would not have a case. Even if you did, I doubt you'll be able to find someone to take the case.

  4. Paul E Knost

    Contributor Level 16

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    Answered . There is certainly no crime described in your question. It sounds like you want to accuse them of medical malpractice of some sort. In Arizona, you have to find an expert in the field willing to render an opinion that there was malpractice before you can file a claim. Just because a nurse was incorrect about the onset of labor, and the fact that you and your "prego girlfriend" are irritated and inconvenienced, does not give rise to malpractice, nor criminal liability, nor tort liability.

    What if she really was in labor, but the hospital failed to do the necessary procedures to find out? That would have certainly been malpractice, and I suspect that you would be eager to sue them for it, as that would be your right. The fact of the matter is, nurses and doctors are trained to check things out and take certain precautions. Just because she was arguing with the nurse does not relieve the nurse of his duties. It only makes performing those duties more difficult and unnecessarily tiresome.

    I recommend trying to cooperate and work with medical personnel as much as possible, rather than waging petty battles with them. The beneficiaries of your cooperation will be your child, your child's mother, and ultimately, yourself.

    God bless!

    NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY... more
  5. Daniel Nelson Deasy

    Contributor Level 20

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    Answered . I do not believe there is a viable claim here and I believe you would have difficulty finding counsel.

    Good luck!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more

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