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

Also I am still upset about a dr. who treated me in the Er

Resolved Question:

Also I am still upset about a dr. who treated me in the Er about 1 1/2 years ago in Hanford,CA.... Long story short I had like a walnut size abcess on my neck and lanced it my self - I have been trained to do this but nothing came out and I was afraid to go deeper so I went to Er and Dominick (my Fiance) went with me.... During this drs assessment she asked all the normal questions I admitted I smoked cigs and that I partially lanced the abcess... About 5 minutes after I answered her questions she looked at me and said. "Do you have $15,000 dollars" I didn't answer her cause it was such a bizarre question. Then she raised her voice loudly and said in a combative way "I SAID DO YOU HAVE $15,000 " then I finally replied "yes " she said "Good save all your money because you will need it for a facelift soon"..... and then she decided to insult my profession saying "you nurses only know enough to be dangerous" Dominick (my fiance was in the exam room and witnessed the whole thing as well, I thought i would forget about it soon so I did not report her ... but it has been over a year and a half and I am still outraged....I read you can file a complaint up to 2 years after an emotional distress and humiliation incident......

My question is what exactly can I do.... I want her to receive a warning because I have read other complaints online about her- as an RN and a pt advocate she needs to stop harming her patients...and I would like to be compensated for the emotional distress.......About a week ago I finally informed my Dad and StepMoM who BOTH happen to be medical doctors and they were fit to be tied and said I need to report her to the hosp patient relations dept.. and if the issue is not resolved they were willing to do and pay for whatever needs to be done.

Where do I start - with patient relations.... I am willing to take her to court I am sure an attorney would pick this up and be compensated if I win.
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. I should start by saying that because the nuances of every case are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, the hospital's patient relations department is probably a good place to start if you don't pursue a lawsuit. Typically, a plaintiff would not want to make any statements about their damages if they were planning to sue, especially to a potential defendant, since any such statements could be used to undermine the plaintiff's case later on.

Brandon M. :

There is no statute of limitations for a hospital to fire or reprimand their employee, so you may want to keep that option in your back pocket until after you decide whether you want to take legal action.

Brandon M. :

That said, you are correct that the statute of limitations for a claim of intentional infliction of emotional distress is generally two years from the date of the injury. California is very plaintiff-friendly compared to other states for this particular tort, but certain criteria still have to be met.

Brandon M. :

Specifically, (1) the defendant's conduct must be outrageous; (2) the defendant must have intended to cause the plaintiff emotional distress, or acted with reckless disregard to the probability that the plaintiff would suffer emotional distress; and (3) the defendant's conduct must have caused the plaintiff to suffer severe emotional distress.

Brandon M. :

The challenge in an emotional distress case is oftentimes damages. That was a terrible thing for the RN to say and what you have described could understandably be perceived as outrageous, but what damages did you suffer and how much are those damages worth?

Brandon M. :

How much would someone in the same position have to be paid to willingly endure those insults? For some people, it might be $10 and for others it might be $1,000. There are no wrong answers because there is a degree of subjectivity.

Brandon M. :

But the question is what would a jury say it is worth, so you have to consider the likely range of possible outcomes.

Brandon M. :

So whether to sue is up to you, but it might not be worth spending $10,000 on attorney fees for a case that is only worth $9,000 (for example).

Brandon M. :

If you are interested in a lawsuit, start by consulting in person with a personal injury lawyer to discuss the value of your case (many will provide a free initial consultation). If the value of the case is not high enough to justify involving an attorney, you may want to consider pursuing it yourself. Incidentally, the small claims limit in California is $7,500.

Brandon M. :

Naturally, you are certainly free to hire an attorney to pursue your case even if it is a low dollar value, but I'm just alerting you to the possibility that it might not be justified by the cost.

Brandon M. :

If you do not pursue a lawsuit, reporting misconduct to the hospital's patient relations department is a reasonable step. Frankly, I consider insults like the ones you described inexcusable andgrounds for termination.

Brandon M. :

Let me know if further clarification is needed, and please feel free to leave a positive rating once you are finished. It does not cost anything extra to do so, and it is the only way I may be compensated for my time. Thanks.

Customer: replied 1 year ago.
in your professional oppinion do you think I have a case for emotional distress... because trust me this caused me real humiliation and emotional distress I have thought and been upset about this for a year and a half...and I can not let this go....being humiliated-especially in front of my fiance.... How dare her ask me if I have "$15,000" and insult my appearance that I "need a face-lift"...I am 42 years old...and how dare her "insult my profession".

Do you think I have enough cause to have an attorney pick this up and wait to be paid when we win?

Do you recommend any attorneys.
Customer: replied 1 year ago.
PS...this woman is a Medical Doctor and the #1 rule for MD's is to "do no harm".
Expert:  Brandon M. replied 1 year ago.

I'm sorry for not responding to your additional posts... it's not clear to me why I couldn't see those other questions that you posted. I think that they have been answered, but please let me know if you would like additional information. Did you have any remaining questions? Please let me know if you do. Thanks.

Customer: replied 1 year ago.
in your professional oppinion do you think I have a case for emotional distress... because trust me this caused me real humiliation and emotional distress I have thought and been upset about this for a year and a half...and I can not let this go....being humiliated-especially in front of my fiance.... How dare her ask me if I have "$15,000" and insult my appearance that I "need a face-lift"...I am 42 years old...and how dare her "insult my profession".

Do you think I have enough cause to have an attorney pick this up and wait to be paid when we win?

Do you recommend any attorneys

PS...this woman is a Medical Doctor and the #1 rule for MD's is to "do no harm".
Expert:  Brandon M. replied 1 year ago.
I think that it's certainly possible. An ER patient is likely to be in an emotionally vulnerable place, so telling a patient that they need $15,000 for a facelift could certainly be construed as outrageous.

In that context, attorneys are paid in one of two ways. They are paid on contingency (they get a portion of what you win), or they are paid by the job. I would doubt that you could find an attorney to take the case on contingency because I suspect that the amount of time that they attorney would have to put into the case would be too much. It's much more likely that you could find an attorney to take the case if you paid directly for their services.

I am in California, so if you tell me where in California you are located, I might be able to make a specific referral. But before I do that, I would just want to make sure that there aren't any loose ends. Have I been able to answer your questions in a helpful way?
Customer: replied 1 year ago.
Hanford, California and what about insulting my profession that is outrageous as well.
Expert:  Brandon M. replied 1 year ago.
Well, as an attorney, people constantly insult my honorable profession--yet it is not considered outrageous. I'm not going to formulate an opinion about whether what was said about your profession in your presence was outrageous, but "outrageous" means a course of conduct that the ordinary person should not be expected to endure, and It's not clear to me that her rude comment about your profession rose to the level of outrageous.

I don't personally practice in Hanford, but I would refer you to the Kings County Bar Association for a referral:

http://www.kcba.org/lrs/index.aspx

They can match you with someone for whatever your criteria may be.

Let me know if further clarification is needed, and please feel free to leave a positive rating for me once you are completely finished. It does not cost anything extra to do so, and it is the only way I may be compensated for my time. Thanks.

Expert:  Brandon M. replied 1 year ago.
To clarify my last comment, although it's not clear to me that her rude comment about your profession rose to the level of outrageous, it's also not clear to me that it matters--if the comment about needing a face lift is sufficient, any derogatory comments about your profession would just be icing on the cake. In other words, if the comments about a facelift stand alone, comments about the profession don't need to be outrageous for legal purposes. I hope that is clear. Thanks.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
Brandon M. and 6 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.