How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brandon M. Your Own Question

Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
11182422
Type Your Legal Question Here...
Brandon M. is online now
A new question is answered every 9 seconds

On a recent visit to the ER room my wife had a terrible experience.

Customer Question

On a recent visit to the ER room my wife had a terrible experience. The doctor was rude and arrogant. She had such a bad time that we got her medical records from the hospital. Sure enough the ER doctor contacted my wife's primary care doctor. The primary care doctor explained that my wife had a pain management doctor and that she didn't prescribe any pain medication to her. The ER doctor's notes in the medical record state the primary care doctor made comments similar to "the patient has a long term substance abuse problem and has been taking narcotics for years." There are other problems with his notes that like the prior statement, that are just plain lies.

We talked to the patient advocate and he apologized for the way my wife was treated. Additionally my wife was called by the director of the patient advocacy group and the director of the ER. Both were extremely apologetic about what happened and they even sent a letter to that effect.

I drafted a set of notes that pointed out where the ER doctor compromised the truth. My wife sent them in and the hospital said they would put them in the record as an addendum. They asked the ER doctor to ammend his statements and he refused to.

We requested a face to face meeting and waited for a date that would work for everyone. Instead of a meeting my wife was contacted by someone in their legal group who stated there would be no meeting and that there was nothing else the hospital was going to do.

Other than making sure that our side of the story is put in the EMR, do we have any recourse? Everytime my wife talks about it with anyone she loses it and starts to cry.

By the way, my wife was experiencing an MS and Fibromyalgia flare up and that's whgy she was there in the first place.

John
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Customer:

hey Brandon

Brandon M. :

Hi, thank you for your question.

Brandon M. :

That really does sound like a terrible experience.

Customer:

what really hurt was that my wife felt like she was being profiled

Brandon M. :

The specific example of incorrect information that you mentioned was the ER doctor quoting your wife's primary care physician (PCP). If I understand, you said that the ER doctor noted that the PCP said that your wife has a long-term substance abuse problem and has been taking narcotics for years. Is that correct?

Customer:

yes

Customer:

we showed the PCP the medical records and she was very upset that he lied about what she said

Brandon M. :

Let's discuss that example. I understand that the assertion is incorrect, but how do we know that it is the fault of the ER doctor? How do we know, for example, that the PCP didn't make a mistake?

Customer:

she showed my wife her notes

Customer:

she';s been our doctor for several years

Brandon M. :

Does the ER doctor acknowledge that he wrote the wrong information into his notes?

Customer:

the ER doctor was a contractor

Customer:

no he refuses to change them - that would probably get him fired

Customer:

I also spoke to my wife's pain management doctor and he agrees that the ER doc was wrong

Customer:

my wife is gooing to bring the notes to show him at her next visit

Customer:

the PCP agreed to write a letter saying she didn't say that

Brandon M. :

To be straightforward, that's what we call an evidence problem. Person A says she said one thing, and Person B says that Person A said something else. I understand that your PCP is more credible because of your existing relationship with her, but neither your physician nor the ER physician had any incentive to fabricate these things about your wife. There was a clearly a mistake made, but an objective third party wouldn't know who made the mistake without additional proof. How do we know that your wife's PCP didn't open the wrong file? How do we know she wasn't absent minded and confused your wife with a different patient?

Customer:

she's very sharp -

Brandon M. :

If you are old enough to be married, you are probably old enough to know that people can remember something one way but it actually played out quite differently. I remember an event in court once where the judge banged her gavel in a burst of anger. I later testified under oath to that effect. I later learned that this particular judge doesn't use or even have a gavel... but that's exactly how I remember it still to this day.

Customer:

i talked to the ER doctor while we were at the hosptial and eventually masked him to leave the room and told him he wasn't my wife's doctor any longer

Customer:

why did I ask him top leave?

Brandon M. :

I understand why you believe your PCP, but you would need to find a way to demonstrate to someone else how they could know as well.

Brandon M. :

You said "why did I ask him top leave?" I apologize, but I don't understand the question.

Customer:

when I asked him if he knew anything MS or fibromyalgia he didn't respond.

Customer:

what he did do was continue to aggrevate my wife and ed him if he realized that getting an MS patient upset the way he was could be enough to cause an MS exacerbation

Brandon M. :

To be clear, you're the expert on the facts in your matter. I know the law, but I have just one piece of less than one half of a story in which I have no involvement. I'm just going to explain the law and answer your potential legal questions, and you can decide for yourself if or how to apply the information I give to you. I'm not saying that it can't be proven; I'm just identifying a legal issue that may or may not present itself in similar-type cases. Is that fair?

Brandon M. :

In other words, I promise that I'm not arguing with you :-)

Customer:

e

Customer:

ok

Brandon M. :

So you feel that proving that the ER physician was the one who made a mistake is not a problem. You have considered the challenges and reach that conclusion. I accept your analysis for the purposes of this discussion. Moving on then to the next matter...

Brandon M. :

For there to be any legal recourse, there have to be foreseeable damages. You talked about it a little bit, but what damages did your wife suffer as a result of the ER doctor's conduct?

Customer:

she was traumatized after being profiled by the ER

Brandon M. :

You also mentioned that her getting upset exacerbated her MS. What can you tell me about that?

Customer:

it's the closest hospital for us and no we'll have to dambulance drive another 10-15 miles to another hospita

Brandon M. :

I'm not sure that I understand the connection between having to drive another 10-15 minutes and your wife's MS symptoms being exacerbated?

Customer:

well it's a little hard to say whether or not that occurred. She did feel poorly for about a week after that visit and I did ing her to XXXXX XXXXX johnson ialist is about 60 miles away

Customer:

RWJ is where her MS specialist is

Customer:

the problem is that she won't go back to that ER because she doesn't wanye that same doctor ever again

Brandon M. :

Ok, so it sounds like there may be a possible connection between your wife's treatment and her MS symptoms, but there may be a lack of certainty there. And it's not something that would show up in a blood test, for example. Is that correct?

Customer:

so We'll be forced to go to a hospitsl further away

Customer:

i did do some research prior to using this service

Customer:

does seem that the deck is stacked ward the medical side

Brandon M. :

In the course of your research, did you come across "intentional infliction of emotional distress" as a cause of action?

Customer:

ne of the problems was that he didn't run a test on her thyroid that would have

Customer:

been conclusive

Brandon M. :

In the course of your research, did you come across "intentional infliction of emotional distress" as a cause of action?

Customer:

yes I believe i saw that

Customer:

but it seems like that would be hard to prove

Customer:

look at it from outside you would have to wonder why the dr wrote his notes in such a defensive format

Brandon M. :

It's as hard to prove as the evidence. That's true of everything. With all of this, you're talking about pain--emotional and physical--but pain is invisible. I can tell you right now that my foot hurts and that I'm upset by this conversation. But there is no way to measure that or verify it. In a court setting, the burden of proof is on the plaintiff, so the question is always what a reasonable person could expect to experience in the same situation.

Customer:

the dr was clearly upset by being challenged by both my wife and me.

Brandon M. :

To establish a claim for intentional infliction of emotional distress, a plaintiff must show that the defendant (1) intentionally or recklessly engaged in (2) extreme and outrageous conduct (3) that was the proximate cause of (4) plaintiff suffering emotional distress so severe that no reasonable person could be expected to endure it.

Customer:

well i don't think this would even approach that

Brandon M. :

Again, I have to defer to you on the facts. We're like two puzzle pieces--I know the law, and you know the facts. If you believe that your circumstances wouldn't even approach that standard, I'll have to defer to you on that.

Customer:

OK Brandon thanks for talking with me.

Brandon M. :

It's not against the law to be rude or to be a jerk. But if someone behaves recklessly or even just negligently, they are responsible for the foreseeable damages that they cause. I can't blame your wife for how she was treated, but the courts want proof before the weight of the law is used to penalize someone.

Customer:

I'm giving you an excellent service

Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 12 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions