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Nine Hour Office Visit By Psychiatrist Leads To Four Days In Psychiatric Hospital. Malpractice?

Atascadero, CA |

Thank you for taking my question. I was sent to be reviewed by a psychiatrist to dimiss my Workers Compensation claim. The psychiatrist had stated on his form the visit would be "Two to Four Hours" and this lasted Nine hours in his office. No access to food, water fountain broke, and medication.

I went into withdrawals by hour six, doctor said we had to continue even though I said I was getting sick and it was late. After hour number nine in his office, he sent me on my way and my wife drove me to the hospital. ER sent me to a mental hospital (first time anything like this occurred to me) for four days from poor care. Did my doctor fail the standard of care or is this normal?

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Attorney answers 4


It is a crime to lock a person in a room with no avenue of escape for even a minute.

If you can prove the physician locked you up such that it was impossible for you to get up and walk out, REPORT THIS PHYSICIAN TO THE POLICE IMMEDIATELY.

If you COULD walk out but chose to remain to finish the appointment, I'm wondering how a Medical Malpractice Attorney would make any recovery.

If you were in a chemical withdrawal mode you couldn't answer the evaluation questions accurately, you needed to stop and walk out. The evaluation won't be accurate because you cannot give accurate testimony and answers if you are experiecing symptoms of chemical withdrawal at the time questions are being posed.

Did this doctor fail the standard of care? Maybe, maybe not. MMPIs and psych testing takes thousands of questions to see if the patient if 'faking good', 'faking bad' or otherwise. Perhaps a person consenting to remain with 'no apparent distress' is within the standard of care for a one-time psych evaluation.

Is this Normal? NO. I direct my clients to get up and walk out once they experience physical pain such that they cannot fully and accurately participate in the examination...there is no requirement the information be obtained in one session.



I was coerced into staying with him because he said if I left, he would have my medications, my access to future visits removed. I believed his lie and choose to remain even though I noticibly becoming more ill with each passing hour. Nobody tells the injured worker that "defense QME doctors" are not able to treat them like dirt, I hope my story will be used to prevent others from suffering and being bullied by doctors paid by the defense to screw with injured workers.


Consult with a malpractice attorney but it looks like a divi cult claim. Also looks like false imprisonment,,nine hours with no food or drink? That doesn't sound right.

Call for a free consultation at 727-937-1400 or visit us on the Web at



I was at the doctor's mercy, WC hired a driver to who dropped me off around 10:30 AM, I was there until almost 8:00 PM. When I asked for water or food, he laughed and said it was my problem. Driver from WC took another forty minutes to arrive and I ended up at my house around 9:00 PM. My wife drove me to the ER after the WC driver dropped me off and doctor, I woke up the next morning with two people in sheets poking my face. I was in a hospital ward with strangers all around me.


It sounds highly improper but you need to speak with a CA malpractice lawyer. Was this ordered by the workers compensation commission? If so, it should be brought to their attention as well


I'm sorry to hear about this, but a lawsuit would likely costs thousands more than would be recovered.

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Thank you Mr. Lassen, money was not the issue I wanted to explore, it was to prevent this doctor from abusing a patient the same manner he did to me. The Defense has scheduled me another visit with the same psychiatrist and all those emotions I kept locked up emerged again. Thank you for taking the time to read and answer my questions, I hope people can put "two and two" together and use attorneys who are helping faceless internet people. Thank you again!

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