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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 26626
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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On the evening of November 1,2012 I fell on my patio and split

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On the evening of November 1,2012 I fell on my patio and split my head open. I controlled and stopped the bleeding and went to bed. I woke up the next day,felt fine and went about my normal bussiness. In the late afternoon I took a long shower and apparently dislodged a clot. The bleeding began again. I threw on some clothes,grabbed my keys and drove myself to an urgent care facility .The doctor stapled my wound (which in paperwork is described as "a simple wound' ) At first he told me to come back within 48 hours. However I was weakened by the blood loss and he wanted me to go to the hospital. I told him I didn't want to, that I was clearly lucid and had no head pain. I showed no signs of a mental illness. I explained I had no insurance and was struggling a bit finacally. I was forced against my will to go (Baker Acted). Over and over, at both the urgent care facility and Lawnwood Hospital I tried to refuse treatment. I experienced deciet and duress at the hospital. I was repeatedly told I could be taken to jail. I was told that unless I agreed to both an endoscopy and a colonoscopy I would be held indefinately (What does this have to do with a simple head wound?) They insisted on during pelvic and multiple chest x-rays. They stated I could go "kaput". I knew my rights were being violated and demand to talk to charge nurses, hospital attorneys and administrators. Many agreed with me that I couldn't be held against my will. I was finally given medical clearance a week later and went home. The next day I returned too urgent care and had my staples removed. The urgent care bill was a total of $355: the initial hospital bill was over $50,000. Is there any recourse for me to get legal assistence in both monetary relief and some type a compensation for my extreme physical duress. In closing, neither I nor my many friends and aquaintences believe I am at all mentaally ill. The story is more complicated, but this synosis hopefully will help me get some resolutin. Thank you.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney. Thanks for your question.

Generally, a person has a right to refuse medical treatment in any circumstance unless the person is mentally incapacitated and needs the treatment for life sustaining/life saving procedures.

Otherwise, if you receive medical treatment without consent, you can actually sue for assault and battery, and possibly other tort claims. Thus, it is possible to pursue a civil claim against the medical providers. You would need to consult a local personal injury attorney in your area and get a copy of your medical records for review.

If there is proof that you refused treatment, and were given it anyway, or if you were coerced into treatment that you didn't need, then you may have a claim. It is certainly worth consulting a local personal injury attorney to review your medical records and determine whether or not you should proceed with a lawsuit against the hospital.
Roger, Attorney
Satisfied Customers: 26626
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 13 other Personal Injury Law Specialists are ready to help you
Expert:  Roger replied 1 year ago.

Hi

Please let me know if you have any additional questions related to this issue. Also, please positively rate our conversation so that I may receive credit for my research and response.

Thanks,

Kirk

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