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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I went to my doctors appointment the other day, realized I

Customer Question

I went to my doctors appointment the other day, realized I was goeing to be late. I called the front desk to inform the staff I will be late, I ws told that if I wasn't there in 10 minuets my appoint would be canceled. I pulled into a slot in front of the dr office and walked to the passenger seat to get my walker from the seat, it got stuck under the seat. I was able to maneuver the walker into the drivers seat and couldn't shift it. I called the office and requested help to just move the walker, I would get myself out of the care myself, the person said the staff count not help me and was put on hold. When the hold stopped, I was put on with another person came on the line and I explained the situation and told them I was trapped in my car and was going to contact the police I was told no no don't do that, we will have to cancel your appointment and put me on hold again. When the call was taken of held for the third time another person told me that she would find out what could be done and I shoudnt be late for my appointments. I shouldn't be late for my appointment and my appointment was cancelled. and I was put on hold agai. I finally had to cll 911 who called fire resque who came and moved the walker for me so I could drive home. I begged the office staff to call maintence or security, and was told they couldn't do that. Their concern was the schedule not the person who had been trapped in her car for 40 minutes. I tried yelling at people goint in but they either ignored me or didn't hear me. By the time fire came I was crying and emotionally upset. I would like to start a lawsuite stating emotional distress and unlawfull restraint. To make sure this does not happen to another patient. Do I have grounds for this? Patricia Harrington
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I am genuinely sorry to hear that you found yourself in this situation. The answer that I would have to provide will likely not be as you hoped, so I ask that you do not blame the messenger. The problem with this suit is two-fold. First, legally they had no duty to help you out of your car. Since they are not an emergency service AND you were not yet physically on their property, they can legally defer to the police or other rescue services. Plus, an attorney would advise them NOT to help you because your issue was not medical, and if they would have physically injured you in their attempt to help, they would have incurred liable. Second, they did not restrain you, technically you restrained yourself. Since none of their agents physically touched you or caused this to you, you cannot sue for 'false imprisonment' here. As much as I would wish that the answer be something else, I owe you a duty to provide you with an honest response, even if one that is not favorable. Sincerely,Dimitry, Esq.