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LawHelpNow
LawHelpNow, Attorney/Lawyer
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For urinalysis upon admission to local hospital by ambulance

Customer Question

For urinalysis upon admission to local hospital by ambulance (I wear eyeliner) where I am well known and just moved to, a nurse asked for a urine sample, and eventually told me I had no choice but for her to watch the urine go in the cup. I was admitted for suicidal ideation which was falsified by the police, and whoever called police, and was on 400mg of seroquel sleeping when I was brought there. Was told I was lying about not mixing medications or taking too much of the sleeping medication because of my state. In my room before the hospital, by the police. In the ambulance I was dug with a needle once in severe pain then another time when I watched with severe pain but not as bad and I am hiring a lawyer for it, and seeing my doctor tomorrow about where the blood was drawn, but (I HAVE to have been sleepwalking somewhat). But the last thing I remember is the nurse telling me I must urinate in a cup in front of her watching the urine. It was made very clear. That's all I remember. I woke up asking why my penis hurt in the morning, and was told I had a catheder in, then I was sent home with no diagnosis or explanation of what happened. Was wondering if I have a means to sue the hospital for corruption for sticking a catheder in my bladder when I did not need to be in the ER for anything because I would not urinate with her watching the urine ender the cup from my penis. In this local, close area of california where I go to university and police are across from campus.
Submitted: 1 year ago.
Category: Legal
Expert:  LawHelpNow replied 1 year ago.

Hello there Jordan,


My name isXXXXX a licensed attorney and registered nurse. I have clinical experience working in emergency departments and litigation experience handling medical malpractice and civil liberties cases.

I am honestly sorry for your circumstances, very much appreciate your patronage, and am glad to try and help out. I had the privilege of assisting you on a different matter last year, so it's great to interact with you again.

Accordingly, I'm pleased to say there is a solution here. What you've described the nurse insisting upon is called a "witnessed collection". It's commonly used in correctional settings (jails, prisons, probation, parole), but not in medical settings. Had such a test been required in a medical setting, it would have been appropriate to have a same gender member of law enforcement, not a different gender member of the nursing staff, perform the collection.

Based on your description of events, the most likely causes of action would be for the torts known as medical malpractice (professional liability), intentional infliction of emotional distress, breach of privacy, and/or possibly deprivation of civil rights and liberties. That is not to say that other bases for recovery might not arise, but certainly these torts would be the logical starting point for framing your allegations. You would be filing suit seeking monetary compensation for your damages. To see if you have viable grounds for filing suit, you must have your case screened on the merits by a plaintiffs' trial attorney. If an attorney accepts the case pursuant to the customary contingency fee agreement there would be no up-front charges to you. Rather, your legal counsel would only get paid out of the proceeds of a verdict or settlement if he or she were successful in obtaining a favorable outcome and winning the case on your behalf. This can only be done through having a lawyer review your circumstances, meaning it cannot be done in this online informational venue. In other words, you have done all you can do, your next step at this juncture is to confer with legal counsel, but the good news is that process is entirely free of charge to you. I can only imagine what a stressful and trying time this is for you, so please believe me I mean it when I say I am glad to say there is a way to seek justice without having the burden of trying to pay attorneys' fees . To help folks in this online venue, I am required to follow site rules including refraining from accepting cases and/or making direct referrals to named attorneys. However, I can tell you where I would turn were I in your very shoes. Toward that end, my very next step would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Civil Trial Advocates practicing in the applicable jurisdiction (please just click the following link):

California

In addition, and again entirely without charge, you can certainly file a professional disciplinary complaint against the nurse in question. Here's everything required to do so:

Complaint

It sounds like you're really been through some tough times in your life, so I commend you for taking the necessary steps to live independently. I know it's not easy, to say the least, so please know that I respect you.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D., R.N.

Expert:  LawHelpNow replied 1 year ago.
Hello Jordan,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D., R.N.

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