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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I acquired a case of nausea after drinking from a container

Customer Question

I acquired a case of nausea after drinking from a container of juice at the local Walgreens. I decided to get a checkup at the hospital and inform the nurse about how it happened.
I told the male nurse that prior to becoming sick the night before, a man on the street warned me that I would get sick, if I continue to purchase from the Walgreens. I told this nurse that my situation sounds just like a "Jason Bourne" movie complete with an Edward Norton look-a-like in the store. Instead of treating me and releasing me, this guy decided that if I was warned nights before, not to keep going to this store, and I continued to go, I must be a mental case, if I continued to go, and then arranged for me to be hospitalized. What he didn't tell me was that my blood count was over 200 which was the real reason I was being detained. What he wanted me to think would most certainly have constituted a First Amendment violation. The hospital released me after my blood count was back to normal. Later I was informed that a doctor at the hospital asked my brother to file a guardian status over me and declare me to be incompetent which most certainly is not true. I'm an investigator trying to get my agency into the bank. Six figures into the bank to be exact, and far from incompetent. Employers do background checks, and a filing like that could cause me to be unemployed. The judge involved with the filing suggested that I have another doctor sign a statement proving to the contrary. I don't think that is the way to handle a case of medical misconduct.
This is a case of medical malpractice and should be filed as such accordingly. That is the way to have this filing terminated. If I were to do as suggested, it would appear that they did nothing wrong and my First Amendment "Freedom of Speech" would be right out the window. It would be stupid to have me think that I have to have a doctor state that I'm not incompetent, just because I compared my situation to a "Jason Bourne" movie. If everyone said something that someone else didn't understand, 99% of the population would be hospitalized. You see it on the televised political debates all the time. And they are not hospitalized during the commercial brake. Also, upon my arrival at the hospital, I was asked by staff for permission to talk with my family, and I gave a very firm NO. I'm an adult. Not a child. The hospital staff disregarded the written request which resulted in all of the above. This is a case of misconduct by the hospital and medical malpractice. This is how it must be handled, and without me seeing any other doctor to defend myself about watching Jason Bourne movies. Please acknowledge. I want this resolved with no expensive fees. I await your reply.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

I am sorry, but what you are asking, "how it must be handled without me seeing any other doctor" is contrary to the law, so if that is what you are expecting to resolve a case of malpractice then we cannot tell you that. If you want information from us we have to tell you what the law is and cannot tell you how to to things just the way you want them to be.