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I went to a Hospital ER room for diabetes related symptoms and severe depression and anxiety. They never took care of my mental.

Las Vegas, NV |

I was asked if i had any suicidal thoughts and I told them " I want to kill myself . I want to die but I just don't have the balls to do it . I need help . I need to see a DR before I snap . " They never gave me care for that and after four hours I was sent into a crowded care room where people had vis and coughing etc . I was sitting next to the restroom and it smelled like feces . I told the nurse that I have severe depression and anxiety and being in this room is starting to freak me out . I asked to be seated somewhere private . She said no rooms were available and was very rude when I asked to sit alone in the hallway . She said no I couldn't . I asked to see a DR immediately cause of my mental status . She stated I couldn't so I discharged myself so I could get out of there and breath . Can I sue ?

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Attorney answers 11


For what?
Realistically, the answer is "NO".


What harm did you suffer? You were not turned away, you checked yourself out. You didn't get a private room and they were unpleasant to you? Is that your claim? Where were you for the four hours before they sent you to the
crowded triage room?

See a NV Medical malpractice attorney who may be able to tease out additional facts, but I don't think you have any case.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


You walked out. You cannot then sue. An emergency room is a setting where patients are treated in the order they check in, unless there is a dire emergency. You walked out so you were not treated. You have no basis for a lawsuit. You need to decide if you need mental health care or if you just want to sue someone.


Before you can bring a lawsuit you would need to have been damaged in some way by the hospital not fully addressing your mental issues. I doubt any attorney would take this case unless you can prove in some way that the hospital breached its duty to you and that you were injured as a result. Just "freaking out" from a gross waiting room does not rise to that standard. However you should consult with a PI attorney because there may be facts that you are leaving out in this inquiry . I am sorry that you are experiencing these problems.

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Anyone can sue for anything. Actually winning is a different story. Based on the information you provided, the chance of winning is minimal. Medical malpractice cases are very expensive to pursue. Without significant damages, many cases are economically unfeasible.

If you would like a free consultation, call me at 702-823-3333.


Regardless of whether or not the hospital treated you poorly, if you are truly feeling suicidal, please get help. There is a suicide hotline and various organizations in your community that can give you help. Please seek them out. My best to you...


Without damages, a lawsuit would be fruitless.

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I don't see a claim which can be successful.


You've got to show damages for a lawsuit. Also, some states require "severe" emotional distress for an emotional distress claim without a physical injury. That's a tough standard to live up to at trial. So, in my opinion ... probably don't have a case.

This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.


not liklly. Patients with a plan, access to lethal means, recent social stressors and symptoms suggestive of a psychiatric disorder should be hospitalized immediately. The family should be informed of the decision to proceed with hospitalization, and the patient should not be left alone while he or she is transferred to a more secure environment.

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