Last May I went to the ER because of painful urination and inability to urinate after an outpatient cystoscopy. When I had the procedure the day before, the hospital would not let me leave alone without a driver. The nurse threatened to call security if I tried to leave by myself. My mom drove me home. During the ER visit the next day, they could not get rid of me fast enough. While I was at the ER, I was given 2mg of Ativan (for anxiety) and 75 mcg of Fentanyl (a narcotic). They had to do this in order to keep me calm, because I was in pain and they needed to cath me. The doctor asked me if I had anyone with me, and I said no. He then said I could not leave without a ride home, but I was at the ER alone. They knew this. After the meds were administered, I remember absolutely nothing of what happened next. The next thing I know, I'm at home and my car is wrecked beyond repair. I was suffering back and neck problems for weeks after. They had sent me home by myself, didn't even make sure I had a ride or that I could get home safely. Instructions for Ativan and Fentanyl both warn against driving after taking it. These warnings are included on any pharmacy printouts provided with the medication and all over the internet. Warnings include drowsiness, fatigue, and according to my regular doctor, memory loss or vague memories. I arrived at the ER around 9:30 that night, my discharge papers say they released me to go home shortly after midnight. Not NEARLY enough time for either of those drugs to wear off. I complained to the human resources department at the hospital, but I was told that the ER has no obligation to make sure any patients leave safely. They said I was supposed to arrange for a ride home, and that they had "assumed" I had done so. They said I looked "fine" and that I was able to sign my discharge papers. That is utter bull crap. Apparently they just let me walk out. I checked my signature on the discharge papers, and it is sloppy and does not look anything like my signature. If I was okay to leave, then why the hell don't I remember the drive home or the accident? I could have seriously hurt someone, or even gotten myself killed. I told my doctor about the incident, and he agrees that they should not have let me go home. I don't know if he will write me a statement saying so, because this hospital is his employer. As a result of this incident, I had to get a new car. I want to sue the hospital for negligence and irresponsibility. I was fearful for my care and feel like I cannot even trust a medical institution to stand up and say "we screwed up!" I also want retribution for having to replace my car, which almost totaled $ 2000 after insurance. Do you think I have a case?
Because driving while in pain is totally the same as driving while under the influence of narcotics and debilitating drowsiness-inducing drugs, am I right? Are you people high?
Poppin Bottles 2010
There's no case sorry. They didn't breach the standard of care, HR was correct in stating it's not their obligation to make sure you have a ride.
WRG
No you don't.
Paul Jackson
Call a lawyer. I don't understand why they enforced the policy the first time and let it slide the second time. They should not have assumed a person on Fentanyl had a ride home. They should have verified it.
I'm not saying you have a case or you don't, but I implore you not to take legal advice from people here. The way to find out if you have a case is to discuss it with a legal professional. Most offer free consultation.
hotvw1914cc
You can sue any one for ANY thing, BUT you have to prove it to a judge to win!!
Snarki Tiki
Why did you talk to the HR department at the hospital? You need to ask to talk to somebody in risk management. HR is for employees.
I don't know if the hospital did anything so out of line that you could successfully sue. That said I don't think it's responsible to discharge somebody only a couple hours after giving them 2mg of ativan and fentanyl. The hospital is not responsible for ensuring you get home safely, but they ARE responsible for not discharging you until you are safe to leave. Since this happened right around midnight I suspect there were some census/insurance concerns that could have factored into your discharge plans. The hospital will never admit it but there you go.
Contact a malpractice attorney for a consultation. It could possibly cost a few bucks but it could be worth it. Your personal physician would not be asked to assess your case, an independent physician would review your medical record.
sgoldperson
OK so when you had OUTPATIENT surgery the HOSPITAL acted one way, when it was just the ER they acted different. ER doesn't do OP Surgery usually and even then they don't handle discharge. So that's two different branches. You may not like how the ER operates but you were informed by HR how they do things. Why wouldn't you get a ride there? Honestly sounds to me like you shouldn't have even been DRIVING TO THE ER. Maybe they can counter-sue you for endangering people by driving to the ER. Oh and an ER can NEVER get rid of people fast enough, that whole EMERGENCY part of the name tends to be taken seriously. They get a lot of cases that they have to handle. Then you get the people who go there rather then go to a doctor and just adds to their case load. I'm not saying you didn't have a real reason to go, I'm saying people go there because they have a cold and expect the ER to deal with it. The ER is trying to treat people and only has so many doctors working there. Anyway I suggest you either find a different doctor(one that is with a different hospital since you dislike the one he WILL send you to) or accept the policy of the hospital.
lcr000
the hospital is not a prison they can not hold you against your will, do you not have taxi's in your part of the country? you have no case, your Dr should not practice law any more than a lawyer should practice medicine
engineerlaborer
Just be glad it wasn't too serious.
Orignal From: Tips: Can I sue my hospital's ER for negligence?
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