You should be getting follow up treatment which will determine whether the delay, if any , caused any additional problems. Otherwise you should be looking into a claim against the person who caused the collision. In many states that person, the original wrongdoer is responsible for the foreseeable neglience of others. Good luck, and make sure you seek treatment and the counsel of a local lawyer.
The most important thing that you can do right now is to get good medical care. Make sure that you see a doctor who will take your pain seriously, who will make an accurate diagnosis regardless of your "reputation", and who will create a treatment plan for you. Then, it is important to follow through with the doctor's treatment plan so that you can heal to the maximum extent possible and prevent further injury.
As far as your medical malpractice question is involved, it is hard to give you an accurate answer based on the facts that you provided.
However, if you were the passenger in a vehicle that was involved in a Wisconsin head on collision then it is important to talk to a Wisconsin personal injury lawyer about your injuries and your possible recovery. A complete investigation into your accident should be done and your legal rights to a possible recovery should be protected.
I wish you the best of luck with your recovery.
Being rudely treated at the hospital is not the basis of a medical negligence claim. Think about what you would say to a jury: "They treated my injuries like they are supposed to do but they were rude, so they should compensate me for $????" Now if they did not provide you with appropriate treatment then that is something all together different. I see you say you have a traumatic brain injury. THat is a serious condition. I do not think you are saying the hospital caused that???--that was caused by the collision. Now if you are saying they did not timely diagnose the condition that "could" be the basis of a claim --but not likely. Even if you could show you had the condition and it was not diagnosed at the ER you will still need to show that any delay made your condition worse. Has anyone told you that they did not diagnose you with a condition you had and because of the delay it is not worse??
You also seem to be concerned that a blood sample was taken. You were placed in the driver's seat by your boyfriend though you were a passenger. If that blood test shows you were impaired, be prepared to be charged criminally and in that event get yourself a criminal lawyer immediately.
You did not mention and auto claim. If you were the passenger in a head on collision, then someone is most likely liable for causing the wreck and causing your injuries. I suggest you focus on this potential claim and retain a lawyer immediately. This lawyer will likely be able to help you with any medical negligence claim.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
Being rude is not enough to pursue a medical malpractice claim. You may have a claim against the auto insurance carrier. Contact a personal injury attorney to go over your options.
Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes only. It is not a substitute for legal advice. No attorney-client relationship is created or maintained without a signed written agreement between the client and the law firm.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
I can appreciate how you must feel. It sounds like you have a potential personal injury case arising from the car wreck. I think you should consult with an experienced personal injury lawyer who can fully investigate the potential claims associated with your car wreck and your potential medical malpractice claim.
We have handled a number of cases for TBI victims. Be careful in who you retain to represent you on this t ype of case. Many lawyers do not have experience dealing with brain injury. Did you lose consciousness? What are the facts and circumstances of the wreck? Have you consulted with a neurologist? Have you gotten a good diagnosis and do you have a good treatment plan in place?
Consult with counsel to better understand your rights. Pursue the necessary medical treatment for maximum healing.
I hope this information helps. Good luck.
Unless you are saying that they treated you poorly medically you probably do not have a case against the hospital. If you were injured in the accident it should be investigated by an auto negligence attorney
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