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Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2174
Experience:  Practicing Attorney with 10 years experience
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I told a doctor at a hospital that my doctor told me go to

Customer Question

I told a doctor at a hospital that my doctor told me go to ER as it would take them 3 days to run all the labs needed to confirm Toxic shock syndrome.I had a tampon in by accident for two and a half weeks. But because of a history of alcoholism he refused to listen to me as I had concerns of having TSS. He kept saying that the symptoms I was describing,( fever, fatigue, chills, mental confusion, fainting ),was due to alcoholic consumption. My husband and I kept trying to tell him that it wasn't related due to the fact I had not drank but kept repeatedly saying that I was fainting and falling because I drank. After repeatedly explaining that I had left a tampon in for a long period of time, which he kept dismissing my husband explained that we would leave if he would not listien to our concerns because he kept insisting that it was alcohol related. He stated to my husband to go ahead and leave because he could tell by looking at me that I didn't have tss. No tests were run at this point. We left the hospital after signing a paper about refusing treatment. I was humiated enough by explaining the fact that I had left a tampon in that long and terribly worried and mentally distressed and afraid I had tss, and the humiliation I suffered from this doctor who refused to listen to my concerns. The next day I went to my doctor and they did all the tests including a vaginal swab and four days later they confirmed that I have tss which I am being treated for with strong antibiotics. Because of the experience by this doctor
I am not comfortable with the hospital or their doctors. I am still very ill and because of the way I was treated and humiliated by this ER doctor I am wondering if I have a case against him. Also I lodged a complaint with the administration of this hospital and they said they would check into it and call me the next day which they never did. Thank you for your time and I hope you can give me some advice on this subject.
Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Asad Rahman replied 1 year ago.

I am sorry to hear this. While I agree that there conduct was totally unprofessional, I do not think there is a basis for a malpractice lawsuit here. Basically because as part of any claim you have to prove you suffered some damages from the misconduct by the doctor. Fortunately for you your doctor diagnosed the problem the very next day and you were able to get the treatment. I do think you should also file a complaint with the medical board in your state.

Expert:  Asad Rahman replied 1 year ago.

I hope that makes sense.