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

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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

Posted

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.

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Posted

This is an intelligent answer. Thanks much

Posted

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.

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Posted

Well gee, sounds like you would defend a rapeO and let the girl suffer. After all....your a man defending the hospitals wrong doing. First, you should look at what the girl said. Im not in labor. 2 the threat by the nurse "if you dont let us check your cervix (bang you hard) you are going to be denied a piss test. Adam Todd Dougherty....I think you should read in between the lines...and defend the public. I can tell you have lost many of your case and your win loss percentage is about 75% loss in jury issues or defense. But the other 25% is wins or settlements outside of the court. Youd be better off a rapper.

Adam Todd Dougherty

Adam Todd Dougherty

Posted

Oh, you want someone to tell you what you want to hear. Sorry, I don't operate like that. You posted the question so that someone with experience could answer it. Sorry you didn't get the answer you wanted but the fact is your girl has no case in my opinion or in the opinion of the other attorneys that answered. I'm sure if you look hard enough you may find someone to help you. I wish you the best of luck.

Adam Todd Dougherty

Adam Todd Dougherty

Posted

Oh, you want someone to tell you what you want to hear. Sorry, I don't operate like that. You posted the question so that someone with experience could answer it. Sorry you didn't get the answer you wanted but the fact is your girl has no case in my opinion or in the opinion of the other attorneys that answered. I'm sure if you look hard enough you may find someone to help you. I wish you the best of luck.

Adam Todd Dougherty

Adam Todd Dougherty

Posted

Oh, you want someone to tell you what you want to hear. Sorry, I don't operate like that. You posted the question so that someone with experience could answer it. Sorry you didn't get the answer you wanted but the fact is your girl has no case in my opinion or in the opinion of the other attorneys that answered. I'm sure if you look hard enough you may find someone to help you. I wish you the best of luck.

Posted

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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

The reason we would have difficulty finding counsel is because most of you attorneys spend all your time looking good and polishing your nails. But when it comes to a person with common sense its easy to say the hospital were wrong. Now since that complaint was risen, its your job to be supportive to ones complaint....not be like the other lazy jerk attorneys and defend the billion dollar rip off the public hospitals and call them right.

Posted

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 CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.

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Posted

Boy another stupid lawyer. The first part of your reply was good. However the rest was gibberish and thoughtless. How about this.....when you go to McDonalds and ask for a Big Mac,, fries and a drink.....and they decide you are really hungry so they fill your order with 10 Big Mac's 20 fries and a dozen drinks and charge you 200 bucks.....wouldnt you say they were in the wrong? I see that you are a crappy lawyer and need to go back to school to learn about how to understand a persons complaint and what they went through instead of approving what a hospital does. DO you realize hospitals kill thousands of people every year. Opps, excuse me I was wrong.....tens of thousands of people every year die in hospitals from their screw ups. Wrong drugs, wrong procedures, someone leaves a scalpel in a person or something else. Hospitals dont care about you at all.....they care about how much money they can drain you or your insurance company for or use a unpaid as a write off. I can see the company you work for is not famous .... like OJ Simpsons My girlfriend did not say she was in labor. She asked for a piss and blood test for her mid wife. Plane and simple. Yet they ignored her and used their authority to lock her up in a hospital and say if you dont .....(indirectly: you will be reported for refusing medical treatment)

Paul E Knost

Paul E Knost

Posted

Normally I would not gratify a personal attack with a reply. Indeed you are correct that my small law practice is not famous. I have not sought fame and fortune, I will humbly admit. But, for the benefit of the larger community, I just want to make a few comments: My friend, you are obviously stressed and upset about the situation, and worried about the pregnancy. You are right that mistakes are made in hospitals, and that sometimes those mistakes cause real harm to individuals, who then have to resort to the legal system to redress their grievances. I was only trying to point out to you that the question you asked did not contain any facts that form the basis of any sort of legal action in my opinion. Indeed, reasonable minds can differ, and there is undoubtedly a lawyer out there, somewhere, who might in fact agree with you, once you sit down and discuss everything completely. I myself do not work for large hospitals, nor government entities, nor any such large institutions. If I felt there was a valid claim, I would certainly wish to meet and discuss further. But my main point is this: if your girlfriend and the baby are fine, then you are better off just focusing on doing what is necessary to ensure that everything goes smoothly from this point forward. Sure, there was a bad experience with the last hospital visit. I don't take that away from you. But, for the sake of yourself, your girlfriend, and your child, move on. Choose your battles. Even the way you lashed out at me shows that you have some pent up anger and frustration. We ALL go through this at some point in our lives! I'm absolutely not criticizing you, just observing it. I truly wish you and your family the best. And the best advice you can be given right now is simply to relax, take things one step at a time. Like the phrase, "breathe in, breathe out." I've had to learn that lesson once or twice. You are obviously a passionate and caring person. Focus that energy on the ones you love, not on waging wars with windmills like Don Quixote. God bless you and your family, and especially, your child who is about to come into this world.

Asker

Posted

You are right about my anger about hospitals. Hospitals use to be a place where people go to relax and get taken care of. Now days its a place where they have the power to make wrong medical decisions and put any person under pressure. Like a person who rapes a woman. Either you go with us or you will be forced. I watched a 18 year old girl get civilly committed because she stated in a panic attack situation she needed some anti depressants or she might harm herself. The on call doc asked what she meant. Tamika stated, "Like stab my boyfriend or jump off a building". The doc took those words and twisted them and had her committed. The doc in this case had her committed to a mental hospital and it took me a month to find her ... rather she found me. Who paid for this? Or who paid for both of the hospital bills? TAX PAYERS Hospitals and the medical issue has become a money funnel. Like the State, the gov, the cops, the CPS as well as DSHS.......they have to much power. The only reason they are allowed that much power is because of the amount of TAX PAYERS MONEY they receive in grants and other ways to get those bills paid. You, as well as others, I guess are way to busy to relate to these things because you are all tied up in your daily doings. However, if YOU as well as others stepped back and took a big look at the corruption of how these big industrial companies work you would see how WE THE PEOPLE have no say so any more and our constitutional values and morels have been trampled over by greed and you attorneys looking for a quick million instead of justice. What I see in my girlfriends issue is called rape. She went in to investigate her blood and piss and got some lesbian nurses dick out of joint and insisted on banging my girl friend. That is abuse, that was rape, that was wrong and if you say oh well or its ok or a mistake....then I hope you have to deal with the same when some dude or girl is banging your lady when she went in for a piss test.

Asker

Posted

Oh this goes to all you attorneys who have saw this and do not wish to help a girl who feels raped. In my opinion was raped.

Posted

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.

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