How do I find a good lawyer/start the ball rolling for a medical malpractice lawsuit (possible military implications)?
April 2, 2012 2:01 PM Subscribe
My girlfriend was a "guest" of the Newport, Rhode Island hospital this weekend (Mar 31 - Apr 1, 2012). Prior to, during, and immediately following her visit, her care was substandard, negligent and, I suspect, criminal.
The facilities are atrocious, her personal and patient rights were violated on numerous occasions, and unfortunately she is not the only one that happened to in just the 72 hours she was there.
I need advice on how/where to find a good lawyer for a medical practice lawsuit, formal grievance, and any other legal/administrative process that can be taken against the hospital, doctors, nurses, and administrators of the hospital.
I am not really looking for specific referrals, although I will certainly keep them in mind if someone were to offer them. I just need to know how to start the process.
As far as specifics, aside from this happening in Rhode Island, it's also probably important to know that her time in the hospital was triggered by what the military doctor called a "manic episode," which was most likely an allergic reaction brought on by the change in meds he had prescribed 48 hours earlier. She had been on stable meds and doing fine for weeks prior to that, and immediately after he changed her prescription was when she had the effects.
She was told by the military doc that she could either "volunteer" to go, or she would be committed for the weekend so she could be observed. Of course she "volunteered." When she checked out 72 hours later, she was told that her first 24 hours was going to be listed as "involuntary," even though she has signed paperwork to the contrary.
She did not receive anything resembling adequate care from a medical doctor. The nurses were deceptive in their practices, even violating the hospital's Patient's Bill of Rights. When she got a copy of that document and called them on it, they said they were going by the "Ward SOP," but wouldn't provide her a copy of that because it was "in revision."
They did not provide her any sort of medication, but removed her from all meds cold turkey, which you are expressly not supposed to do with anti-depressants. They also refused to give her the birth control she's been on for years unless she paid $220! She had to have a friend bring some from the house.
The list goes on, but that is the type of thing that we need the lawyer for. We are also going to be taking military action against her doctors in the form of an IG investigation and a Congressional Inquiry, in case that has any bearing on anything.
I am not really looking for specific referrals, although I will certainly keep them in mind if someone were to offer them. I just need to know how to start the process.
As far as specifics, aside from this happening in Rhode Island, it's also probably important to know that her time in the hospital was triggered by what the military doctor called a "manic episode," which was most likely an allergic reaction brought on by the change in meds he had prescribed 48 hours earlier. She had been on stable meds and doing fine for weeks prior to that, and immediately after he changed her prescription was when she had the effects.
She was told by the military doc that she could either "volunteer" to go, or she would be committed for the weekend so she could be observed. Of course she "volunteered." When she checked out 72 hours later, she was told that her first 24 hours was going to be listed as "involuntary," even though she has signed paperwork to the contrary.
She did not receive anything resembling adequate care from a medical doctor. The nurses were deceptive in their practices, even violating the hospital's Patient's Bill of Rights. When she got a copy of that document and called them on it, they said they were going by the "Ward SOP," but wouldn't provide her a copy of that because it was "in revision."
They did not provide her any sort of medication, but removed her from all meds cold turkey, which you are expressly not supposed to do with anti-depressants. They also refused to give her the birth control she's been on for years unless she paid $220! She had to have a friend bring some from the house.
The list goes on, but that is the type of thing that we need the lawyer for. We are also going to be taking military action against her doctors in the form of an IG investigation and a Congressional Inquiry, in case that has any bearing on anything.
This post was deleted for the following reason: This is really messy and legally messy and is turning into a thing where maybe you want to re-ask with many fewer details? We're safely in "you need a lawyer not AskMe" territory -- jessamyn
1. Is your girlfriend in the military? We're going to assume that, but it isn't clear.
2. You might want to ask the mods to make this anonymous.
3. Having dealt with individuals who are bi-polar, this description of events and her plans to take action, sound like they are coming from someone who might benefit from waiting a few days to take any concrete steps.
posted by HuronBob at 2:16 PM on April 2, 2012 [2 favorites]
2. You might want to ask the mods to make this anonymous.
3. Having dealt with individuals who are bi-polar, this description of events and her plans to take action, sound like they are coming from someone who might benefit from waiting a few days to take any concrete steps.
posted by HuronBob at 2:16 PM on April 2, 2012 [2 favorites]
I have met Miriam Weizenbaum and been very positively impressed by her in person. She seems to be extremely professional, but also highly motivated by a sense of justice. I can't speak to her specific track record, as I met her at a conference.
posted by Sidhedevil at 2:16 PM on April 2, 2012
posted by Sidhedevil at 2:16 PM on April 2, 2012
Did you witness any of this behavior yourself, or is it all based on what she told you?
posted by Melismata at 2:18 PM on April 2, 2012 [1 favorite]
posted by Melismata at 2:18 PM on April 2, 2012 [1 favorite]
Seconding that you get this question deleted or modified to take out all the identifying information (name of the hospital, dates, specifics of care) immediately -- you do not want the Hospital finding this and getting a big warning about any action you might take.
posted by brainmouse at 2:24 PM on April 2, 2012 [2 favorites]
posted by brainmouse at 2:24 PM on April 2, 2012 [2 favorites]
They also refused to give her the birth control she's been on for years unless she paid $220! She had to have a friend bring some from the house.
I can't speak to the rest, but I seriously doubt this would be considered any sort of negligible care. People have to pay for the medications they receive in the hospital. If you have good insurance it will be covered, and if not, then it's fair for them to warn you that you're going to have to pay for the medications. Sometimes (rarely) patients would rather bring in their supply from home to avoid this cost.
Often hospital pharmacies don't carry all the brands of birth control, either, so that's the one med I see people bringing from home most often. They can give you some form of estrogen pill that will maintain the birth-control aspect, but women tend to prefer to stick with their usual brand due to the different side effects that different women get with different formulations. Having a friend bring your BCPs from home is not at all unusual or exorbitant.
All that is to say, perhaps emotions are running a bit high at the moment, between the manic episode and the stress of being (or having someone you care about being) in the hospital. You guys might want to take a few days to calm down a bit so you can think rationally about the situation.
posted by vytae at 2:32 PM on April 2, 2012 [6 favorites]
I can't speak to the rest, but I seriously doubt this would be considered any sort of negligible care. People have to pay for the medications they receive in the hospital. If you have good insurance it will be covered, and if not, then it's fair for them to warn you that you're going to have to pay for the medications. Sometimes (rarely) patients would rather bring in their supply from home to avoid this cost.
Often hospital pharmacies don't carry all the brands of birth control, either, so that's the one med I see people bringing from home most often. They can give you some form of estrogen pill that will maintain the birth-control aspect, but women tend to prefer to stick with their usual brand due to the different side effects that different women get with different formulations. Having a friend bring your BCPs from home is not at all unusual or exorbitant.
All that is to say, perhaps emotions are running a bit high at the moment, between the manic episode and the stress of being (or having someone you care about being) in the hospital. You guys might want to take a few days to calm down a bit so you can think rationally about the situation.
posted by vytae at 2:32 PM on April 2, 2012 [6 favorites]
Is this the Navy hospital, or the private Newport Hospital? I'd be shocked if it was Newport Hospital, they have an amazing emergency room and birthing center, and professional, well trained nurses. It's part of Lifespan Healthcare, and they have a Hospital ombudsman, IIRC.
I'd be, ahhh, significantly less shocked if it was the Navy Hospital (the NHCNE).
posted by Slap*Happy at 2:56 PM on April 2, 2012
I'd be, ahhh, significantly less shocked if it was the Navy Hospital (the NHCNE).
posted by Slap*Happy at 2:56 PM on April 2, 2012
I doubt the hospital will be too concerned about this question. Based on the level of emotion in the question I rather expect they have already alerted their legal council and are reviewing the case and the care provided. What you may like to do is to request a meeting with either the Risk Manager for the hospital or the Patient Liaison officer. Start with a complaint to the hospital so that you can sit down and better understand the care plan and services provided to your girlfriend.
You also have a right to have a copy of the health record - there may be a fee associated with this but you should contact the hospital to get a copy.
You may find yourself spending a whole lot of money on legal representation for no real reason. Why not start by talking to the hospital first to see if you can get a better understanding of the situation?
posted by YukonQuirm at 3:01 PM on April 2, 2012
You also have a right to have a copy of the health record - there may be a fee associated with this but you should contact the hospital to get a copy.
You may find yourself spending a whole lot of money on legal representation for no real reason. Why not start by talking to the hospital first to see if you can get a better understanding of the situation?
posted by YukonQuirm at 3:01 PM on April 2, 2012
This thread is closed to new comments.
posted by jayder at 2:13 PM on April 2, 2012 [16 favorites]