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ABout a month ago I was admitted to ER room, in which I was restrained/secluded illegally, I know I was after researching and being in the medical field myself, I filed a complaint against the hospital, The state investigated my concerns and found that the hospital in fact was in violation to Hospital Licensing Statues and have been cited. The restraints were the worst thing not being able to go to the restroom, and being locked like a dog for 24 hours with no water or food no IV and 6,000 bill later with no medical treatment, Infact I was vomiting, and almost died because I began choking my movement was restricted, I suffered cuts on my foot from being restrained and they are still healing slowly. I want to know if I could possibly bring up a lawsuit against the hospital.
Hello thanks for answering my questions I was restrained because of me knowing my rights when the staff were making orders I would challenge them, being a medical professional, I know patient rights as well as HIPPA laws, and proper treatment for what I was diagnosed for. I could tell that some of the staff was inexperienced. With this knowledge, they considered me a threat, became upset with me, and ordered restraints. Not once was I physically or verbally abusive, just using knowledge. The head nurse in charge didn't like that I refuse certain treatment when I knew the options I had. As I stated I was restrained illegally I reported it to The STATE they investigated and did find them in violation of many Hospital procedures they have to submit a corrective action plan within a few days. They have also been cited. The restraints were totally uncalled for for my condition in fact could have killed me, I was restrained both of my arms, and legs were restrained. I was no harm to myself, I was restrained for 24 hours no food, water, no IV, it was horrible.. But thanks for your respond, I do plan on taking further action.
of Just a little note,
Restraints have caused many deaths and when A patient is restrained they should be monitored and staff should be visible and available they should also allow patient to rest, restraints should not be used to modify behaviour or as a form of punishment. Restraints should also not be enforced with seclusion, You can not restrain, and close a door on a patient, and leave them alone. So even if the person is combative or suicidal, they should be monitored. The staff was negligent in following procedures. Although neither of the above mentioned were my diagnosis...
I want to know if I could possibly bring up a lawsuit against the hospital.
Hello jo:
I think you can. We have a lawyer right here who specializes in medical malpractice too. Why don't you contact him? He'll tell you. His name is Sideoutshoe. Search his name above and PM him.
I agree, if what you say is true, you would seem to have a good case.
However, I'm skeptical. Medical practitioners these days are VERY aware of malpractice and patient rights etc. The behavior you cite is so over the top I find it hard to believe any practitioner would be so abusive without justification. So I think you may find it harder to make your point then appears. If the whole staff stays together and testifies that you were abusive, uncooperative, refusing prescribed treatment, etc., you may find yourself without grounds.
First of all it is HIPAA not HIPPA, I know, I get it confused quite frequently myself. I have to think about it before I write it or type it.
Second of all, 4-point restraints are rarely if ever used. Two-point, yes, I have had to use them on a patient or two. Now as far as the restraints go, they need to be checked every two hours.
You are a medical professional? What branch do you practice if you don't mind me asking.
I am happy that the medical center was cited and that corrective measures were taken, but your story still seems to leave me wondering if there is more to the story than what you are telling us here. You were restrained strictly because you have knowledge? Hmmm, have to wonder just how you were using that knowledge. You may not have been a danger to yourself, but did the staff possibly perceive you as a danger to them?
Now, as far as the staff ordering restraints, the staff can't do that. Restraints are via doctor's orders only. They may, however, temporarily restrain you if they feel threatened until a written, tx, or verbal order from the physician is made available.
There are times when a psychiatric diagnosis calls for restraints, such as schizophrenia and the patient is non-compliant with medication.
I am curious as to what brought you to the ER that night. It may help to understand the situation a little better from the point of the staff.
As Excon mentioned, we do have a member here who is a med-mal attorney. I hope he comes on soon to help sort this out for you. You may very well have a case, but it may be an uphill battle.
There was no psych case, in my instance and If you would care to know I am a Certified Medical Assistant, in school now to be an LPN. The restraints started in the ambulance, because I asked what hospital I was going to and when they told me I told them I refused to go to that hospital, and I am fine and would much rather go somewhere else, The EMT mumbled a comment called me a and that is when I became upset. SO when I was in the ER room and when I was placed on the bed The guy was being rough with me I told him not to touch me and he then told the staff I was being combative. Therefore restraints were ordered temporarily, Upon examination the physician never followed up as to if and when the restraints should be taking off. This is where the conflict started. I was not checked or monitored had no access to the bathroom, restraints were released for 5 minutes the whole 24hour duration and I would call for a bedpan and no one ever came forcing me to hold my urine for hours they could have even put a catheter in place, believe me I am no threat to anyone I am 5ft 7 about 120 I wouldnt harm a fly.
when I initially brought up my case to The state they could not believe my accusations either. They didn't think it was true, when they researched it and discovered that it was infact the case and I gave permission to view my medical records they found it in violation of hospital procedure. I don't know why people don't believe that there are evil people out there, and if I was infact in Need of psychiatric help then in fact I would have not been released the next day. As far as J_9 When I typed HIPAA just typing as I am thinking of what to write didn't think my whole paragraph would be analyzed. With this particular hospital the staff was very unprofessional I would use that term although I really want to say ghetto! I mean totally unprofessional you can't tell janitors from doctors Nurses to Nurses aides everyone wears scrubs now adays, No visible badges. I wouldn't let just anyone come in and check me, without them cordially introducing himself/herself and telling me who they were, Atleast thats what I was taught in school, Hi I am doctor "such and such" This hospital I would never go to I would rather die, and when I found out where I was going I refused to go there.
Basic human rights are not forfeited on entry to the hospital. Application of restraints violates a patient’s freedom and right of self-determination. A competent patient has the right to refuse restraints unless he or she is at risk for harming others. (this is where they made an error, I am going to get a copy of my own medical record and review it myself)
Every patient has the right to expect. . .
Care that is respectful, high-quality, considerate with dignity
Participation in decisions about treatment, benefits, risks, alternatives
Consideration of personal beliefs and values
By the way The doctor was fine it was the head nurse and the others who violated my rights.
Physical restraints may be used only when less restrictive measures prove inadequate to prevent an agitated or disoriented patient from injuring him/herself and/or others, and to prevent the patient from deleteriously interfering with medical treatment. [COLOR="Yellow"]Physical restraints should be used in a way that the safety and dignity of the patient is preserved. Restraints may not be used for convenience. The least restrictive type of restraint that will accomplish the intended purpose should be utilized.[/color]
The restraints started in the ambulance, because I asked what hospital I was going to and when they told me I told them I refused to go to that hospital, and I am fine and would much rather go somewhere else,
I'm not sure here, but as I understand it ambulance don't always have full choice of where to take a patient. So a patient that refuses to go where the ambulance has to go, may be perceived and a potential problem. So that could have easily started a chain of events.
But the bottomline here is you need to take your story to an anttorney who can advise you much better than we can.
Hey scott thanks for your response! It is not too much about the money really its not I am just frustrated that People who don't like what they are doing should not be in that profession as a nursing student myself its frustrating, and unacceptable, I actually love what I do!
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