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Can u sue in small claims court for public humiliation ?

Altamonte Springs, FL |
Filed under: Medical malpractice

i went to the er by ambulance with food poisoning. i was vomiting and had severe diarrhea. when i arrived there i was covered in diarrhea. after i was stabilized i asked several nursed for something to clean myself up with and was totally ignored. people were coming in my room wearing mask. several hrs. went by. a man showed up with a wheelchair and said i was being released. i said i cant be released im covered in diarrhea. he said i no nothing about that i was told to wheel u out in the waiting next to the phone so u can call someone to come and get u. as he was wheeling me down the hallway i had diarrhea rolling down my leg. i wanted to die i was humiliated in a way that i will never forget. im 62 yrs. old and i really believe they knew they could take advantage of me. thanks ron

Attorney Answers 5

  1. Every medical malpractice case filed in Florida, even in Small Claims Court, has to meet the medical malpractice pre-suit screening requirements. So, the answer to your question is "yes," however you will have to comply with those statutes to stay in court. That means securing the affidavit of an expert doctor in a related field. The cost of compliance will exceed your likely damages. So, it is not practical.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

  2. You should have been treated with courtesy, respect and dignity. However, this probably does not rise to the level of medical malpractice. Under the circumstances, it is suggested that you contact the hospital's administrator to file a complaint regarding the way in which your were ignored. If there was medical malpractice in your treatment that caused damages, a lawsuit could potentially be filed in small claims court up to the jurisdictional limits of the court. You still would need to comply with medical malpractice statutes. You would have the burden of proof on all elements of the case and damages.

  3. This sounds like a horrible incident but unfortunately I do not believe it rises to the level of medical malpractice. Generally, medical malpractice refers to medical or health care that falls below the accepted standard of care which, through negligence, causes injury. Although this was a humiliating and unfortunate experience, it does not sound like you have any injuries. As terrible as this experience was, there was no medical consequence to discharging you without an opportunity to clean up.

    One could argue there is a negligent infliction of emotional distress, which might be a more appropriate cause of action, but the "impact rule" generally requires some kind of touching in order to pursue a claim under this cause of action.

    You should at least get a second opinion. Most medical malpractice attorneys provide free consultations. Good luck!

    This is not to be considered legal advice nor does an attorney-client relationship exist.

  4. I'm sorry to hear about this, but the costs would likely far exceed a recovery. You need to let things roll off your shoulder sometimes like the rest of the world.

  5. Most people can sue for just about anything. However, proving the "damages" is the tricky part. For example, how does one put a value or price on being humiliated? Most civil cases require some form of "out of pocket" expenses. In this case, it appears that humiliation, standing alone, simply will not rise to the level of bringing a lawsuit.

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