What Can I do?

VincentB11 · Apr 21, 2009, 04:53 PM

Ok here is what happened briefly: I was brought to Hospital A by my employer because I had a memory loss problem. Hospital A did a head scan and didn't see anything wrong, I was still disoriented at the time of discharge and told them I did not agree with the decision. The ER doctor that saw me told me "I was strung out looking for a free hand out" (tox screen was clean non-the-less) and if I didn't leave they were going to call the police. I in return asked to talk to his supervisor about his comments and they spoke to each other briefly and she came to me and told me the ER doctor was correct in discharging me and reiterated if I did not leave they would call the police. She then had security escort me out of the hospital and security and her waited for the police to arrive. While we were waiting she stated to me "Maybe if you had premium insurance, you'd get premium care". The police arrived and took both stories and agreed that it was a bad decision to release me but they had nothing to do with it and told me to go to a different facility. At this time my wife drove me to Hospital B. Hospital B on the other hand disagreed as well with Hospital A's decision to discharge me. I was admitted to Hospital B where I stayed for 6 days and diagnosed with Transient Global Amnesia.

tickle · Apr 21, 2009, 05:28 PM

You can't do much, Vincent because TGA are a catchall for a lot of different attacks, TIA (strokes) alcohol blackout, drug blackouts, brain tumors, etc. I note your tox screen was clear, so they had ruled out drugs or alcohol. They were doing their homework. However, decided you were at no risk to them or others and were getting rid of you the easiest way.

But, did you pay by insurance, did you pay at all. This could have been why they considered you to be transient.

I don't think you can do anything.

ScottGem · Apr 21, 2009, 05:34 PM

I would talk to an attorney familiar with malpractice. If hospital B kept you for 6 days, that could show that hosp A missed something.

Fr_Chuck · Apr 21, 2009, 06:14 PM

But one will have to see what hospital B actually found. What was the under lying medical problem that caused this.

If all standard tests showed nothing, what tests did hosptial B do different.

Also what type of insurance did you have, did you even have any.

If you are in no danger, at least in the US, most hosptials do not have to treat you. And if you don't have insurance you will be turned away all the time.

And hospitals that treat the homeless ( federally funded) get so many people in there the level of care is min at best.

But a lot more info needed to know what to tell you

tickle · Apr 21, 2009, 06:30 PM

I agree with Chuck, there is something missing here, but OP did have a catscan and if they (hsopital A) did that, then they covered their butt by performing a procedure, diagnosing a TGA (as I mentioned caused by many circumstances).

"I was brought to the hospital by my employer with a memory loss problem". What precipitated coming to the hospital. Just for a memory loss problem is not run of the mill reason to come to the hospital escorted by an employer.

Tick

VincentB11 · Apr 21, 2009, 09:24 PM

Yes I do have insurance, no I am not homeless and Hospital A didn't diagnosis me with Transient Global Amnesia Hospital B did. Hospital A does not like the insurance I have (medicaid), it is one of those fancy upper-class hospitals. I was brought by my employer because the previous day was a complete blur to me and I remembered nothing. Hospital A ran more than the CAT scan. Hospital B also found a mass above but not attatched to the spine which I had removed on the 17th which weighed almost 3 pounds. Don't know yet if the pressure on the mass had anything to due with the amnesia episode yet but am waiting to find out. Just because the word transient is used in the diagnosis does not make me a bum or homeless.

VincentB11 · Apr 21, 2009, 09:27 PM

When you wake up and notice your car is damaged and remember nothing of the day nefore or at work this becomes a concern to most people. No I do not drink either lol.

tickle · Apr 22, 2009, 03:34 AM

Vincent, sorry for the confusion, you gave us so little to go on. Yes I can see your point. I do admit there was not a lot of thoroughness and I really can understand now why hospital A took their stand if they didn't your insurance but payment is payment no matter who is used.

Tick

ScottGem · Apr 22, 2009, 05:23 AM

This whole thing hinges on whether the tests Hospital B performed were normal considering the symptoms. And whether Hospital A should have found the same things Hospital B did.

We cannot tell that without examining the full medical records. Thatr's why your best bet is to consult an attorney familiar with medical malpractice. They can better determine if you have a case or not.

sideoutshu · Apr 22, 2009, 08:11 AM

Vincent, here is the story on medical malpractice cases. Before you get into spending the time and money on determining if there was indeed malpractice, you have to decide whether the case, in the presence of malpractice, will be worth pursuing. This means you have to have damages.

So the operative question at this point is what would be different for you if they had done everything right at the first hospital. Other then hurt feelings, how have you been damaged by their actions.

I had a potential client come in the other day who had presented to a hospital where they failed to diagnose appendicitis and sent him home. He presented at a second hospital 4 hours later with the same complaints and was properly diagnosed and treated. In this situation, while there is malpractice, there is no viable cause of action because the patient was in essentially the same place he would would been in had the first hospital acted appropriately.

What are your damages?

toria127 · Apr 25, 2009, 04:27 PM

I am a medical malpractice attorney. Unfortunately there is nothing you can do. In order to successfully prosecute a malpractice action, you need two things... 1) that the hospital or doctor did something outside of the standard of care; and 2) that thing they did resulted in a permanent harm to you. In your case, given the limited information, even if you could prove that they should not have discharged you and should have considered something other than withdrawal, you do not have any permanent damages that resulted from their discharge. You were taken to another hospital immediately who admitted you to their care. The delay of treatment for a few hours results in no harm. I am happy though that you are now receiving proper care.

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