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Home > Health & Wellness > Health Care Administration   »   Were my patients rights violated?

 
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Old Mar 11, 2008, 02:43 PM
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Were my patients rights violated?

Having dealt with bi-polar disorder for years now, I know when it is time to go the hospital for medication tune up. (A yearly event) I recently moved to a new town and had my first experience with their mental health section, of the local hospital.

I voluntarily admitted myself, after my regular psychiatrist recommended I do so, after recuring suicidal thoughts. As soon as I arrived at the hospital, I needed a physical from the ER Dr. He talked to me for 2 minutes and proceeded with admission. Some lady came by and shoved a bunch of forms in front of me. When I requested that I be allowed to read them, she became highly agitated with me and left. Later I found out that she had written "Refused to sign" on them.

However, when I finally got to the psych. ward, I found out that my status had been changed to involuntary. I asked to see my new hospital psych Dr. and was told that he had already evaluated the files and that was considered a consultation.

The next day I went to every single psych. class that was scheduled. But only one actually took place. The second one, a nurses aid came in and popped in a comic video. After that, no other classes took place. No one showed up to conduct them, even though they were scheduled and the schedule posted for all patients.

I saw my Dr. in passing, in the hallway. We had a 20 second conversation, which I later found out, is what he considers a consultation. I became very frustrated and requested a look at my medical records / charts, to see what exactly my treatment was to be.

But I was told I could not see them unless the Dr. approved. I insisted on talking to him. Two hours later I was put in a room to talk to him via the telephone. He was only concerned about my desire to see my medical records, and only wanted to know why. So I told him. He finished by saying that it was not within his power to let me do so, I would have to contact hospital admin. Neeless to say, I never got a hold of anyone about this.

Due to my believes, I pray only under and open sky. I explained this, but was told that there was no way I could go outside. Also a smoker, I asked if I could be taken to the smoking section. Again, the answer was no and a patch was offered to me.

In addition to that, rather then using only my first name and last initial, to protect my privacy, given my condition, my full name was called out a number of times in front of other patients. This is not common practice in other mental health facilies.

The second day I was there, the same thing happened as the first day. However, in the afternoon my Dr. walked past my room and asked if I wanted to stay longer. I said no and was finally released.

I did not receive actuall treatment, my medications were not changed, I did not have a conversation with anyone about my condition and treatment.

More forms were shoved in front of me and one of them I did not recognize. Again, I asked to be allowed to read them.... but I got the same treatment as the day before. Also, when I looked my paper over after release, I found out that I was to be taken by wheelchair to checkout. The claimed they did so, but in fact, I walked out on my own.

Finally, the day after my release, a registered letter arrived for my husband. It said that he needed to sign a form, they had included, about my rights at release time. It said they were unable to speak to me about the document and needed him to sign it. He didn't

I feel my patients rights were severely violated. Also, I am a medicare patient now, and wonder if they are charging the gov. for things I did not even receive.

Should I sue them, as my condition has worsened, due to this horrible experience? I mean, don't I have the right to read what I have to sign, prior to signing? Don't I have the right to be allowed to practice my faith while there? And, smoking is legal, don't they have to allow me to do so?

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Old Mar 11, 2008, 03:03 PM   #2  
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Sounds like it to me. I would think you need to contact your medicare plan and let them know what all happened.
Also your primary doctors and tell them you want to know of a more professional place you can go.

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Old Mar 11, 2008, 03:11 PM   #3  
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Wow, I'd sure like to help, but I can only help a little.

1) You should file a complaint with the hospital. All paperwork you are required to sign should be read by you or to you. You should be able to fully understand what you are signing prior to signing.

2) Unfortunately I don't understand the change from voluntary to involuntary. What were your mannerisms? Sometimes it will be changed to an involuntary 3-day hold if the doctor (usually 2) deem that you are a threat to yourself and/or others. So, since you admitted to suicidal ideations, this may be why your status was changed.

3) The should have honored your request for prayer outside, due to religious reasons, however, since many psych wards are on locked wards, it's not always possible to allow patients outside.

4) Many hospitals in the US are now non-smoking hospitals. That includes patients and patient's families, and employees. On many hospital campuses now, in the US, to be able to smoke you have to completely leave the hospital property.

So, all in all, I would start with the administration of the hospital as each facility has it's own guidelines.

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LifePaparazzi agrees: Very informative
Allheart agrees: Right on the $ there J. love u
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Old Mar 11, 2008, 03:19 PM   #4  
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You always have the right to see your medical records and charts ; no Dr's approval necessary. It certainly sounds like you received substandard care. A consultation with a malpractice attorney may be in order. In order for it to go anywhere you'll have to show damages that you've suffered as a result of their neglect. You may also be in a position to have criminal proceedings initiated against them. Having it actually happen may be a different story.

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LifePaparazzi agrees: I actually agree with you. Given the circumstances.
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Old Mar 11, 2008, 03:22 PM   #5  
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However, psych records are a different story. Not ALL psych records are allowed to be viewed by the patient.

When viewing the rights of patients there are different rules for different kinds of facilities, if you will. Psych records can be released, but it is up to the doctor's discretion as to what is to be released and what is to remain privileged information.
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Old Mar 11, 2008, 03:24 PM   #6  
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Quote:
Originally Posted by J_9
Wow, I'd sure like to help, but I can only help a little.

2) Unfortunately I don't understand the change from voluntary to involuntary. What were your mannerisms? Sometimes it will be changed to an involuntary 3-day hold if the doctor (usually 2) deem that you are a threat to yourself and/or others. So, since you admitted to suicidal ideations, this may be why your status was changed.


I was wondering if the voluntary to involuntary was done to protect their butts
like would it be more proper for unsigned papers to be on an involuntary patient than
a voluntary one? Would the hospital get in less trouble that way?
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Old Mar 11, 2008, 03:35 PM   #7  
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Voluntary to involuntary is done only in extreme circumstances. Usually, at least at the hospitals I work at, there have to be 2 doctors that are consulted. Maybe only one doctor sees the patient but the other doc is consulted via telephone conference. If both doctors believe that this person is indeed a danger to her/himself and/or others (in my state it's called a "603," but that's different in every state), then the stay becomes involuntary for 3-days. Anything more than three days has to be approved by an order of the court and a judge must order the longer stay.

My concern though, is that the nurse or whomever it was, wrote the refusal to sign the papers when, according to the OP, that is apparently not the case.
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Old Mar 11, 2008, 03:46 PM   #8  
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AND they ASKED her if she wanted to leave.....(being involuntary?)
only after 2 days?
I believe my state is at least 3 days involuntary too.
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Old Mar 11, 2008, 07:37 PM   #9  
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Just to clarify. I very politely asked to be allowed to read the papers prior to signing. Most of them were really no big deal at all. But I just don't understand why I was denied the right to read them prior to signing.

How do you all feel about the fact that none of the "treatment" class took place? I'm sure they are still going to bill medicare for the professional that was to be there to conduct it. How can they call that treatment? What benefit was the whole visit to me, if nothing was changed or done to help me? They released me the next day?

Thanks for all of you, for the advice you are giving.
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Old Mar 11, 2008, 07:50 PM   #10  
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It sounds like they were just rude or had things in there that they do not want people to be aware of (like things that they maybe should not have there?)

I have noticed that any more some places like this do give shoddy service
and do not run professionally. When I had to take my kids to the psychologists
ALL they did was talk about THEIR kids. The one only bragged about his degree.
When I asked if they thought my kid could have Asbergers or something they said,
"We do not like putting labels on kids" So they just diagnosis them all with ADHD.

Then my Child Service people wouldn't show up I swore they were going to the mall or something and claiming they were at my house.

I would fight it.
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