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Patient rights were violated in a hospital. Illinois. I

Customer Question
Patient rights were violated...

Patient rights were violated in a hospital.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois

Lawyer's Assistant: Has anything been filed or reported?

I talked to the charge nurse and he said that it will be dealt with internally. However, He did not state how it would be handled and I get no information concerning this matter.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

On Saturday, 9/23/17 at approximately 4:45 pm while in the emergency room awaiting to be placed in a room on another floor, Greg had to use the restroom and was directed by nursing staff on where the restroom was located down the hallway.Greg found the restroom and went inside to use it. While in the bathroom, out of nowhere, a hospital security guard begins banging on the restroom door which was unlocked and then just walked right in.The security guard immediately started yelling at Greg, a patient with a patient robe on, that he would not be able to use the bathroom and told him to get out, that he was finished.Greg said he was not finished yet, The security guard said yes you are, you can't be smoking in the bathroom.Greg stated that he was not a smoker. The security guard continued yelling and threaten this ER patient (Greg Charles) that he was going to have the Oak Lawn police check him to see if he has cigarettes in his pocket.Greg continued to explain that he did not smoke and he is not a smoker. He was still told he couldn't use the bathroom.This was done in public by the security officer in front of many witnesses. This was greatly upsetting to Greg to be embarrassed and humiliated in this way, and in public, and almost caused him to have an accident as the security officer refused to let him finish using the restroom.The staff separated them and Larry the charge nurse apologized to Greg for what happened. Greg stated he wanted to file a complaint and wanted the security officers badge number and name so he can report him.Greg was told he could not be provided with that information and that matters like this are handled internally and that there was nothing further he could do.Greg then asked Larry the charge nurse to escort him to the restroom and he was able to use the restroom without any further incident.Greg had been in the ER since approx 12:30 pm. The action by the hospital security guard was done in public and he embarrassed and humiliated him in public for no reason. Additionally, this security guard falsely accused him of smoking, invaded his privacy by barging into a restroom while he was in the middle of using it, and told he couldn't finish and to get out.There is absolutely no excuse for a patient seeking care to be humiliated and harassed in this way by hospital staff.Please accept this a formal complaint regarding this matter. The expectation is to be notified about the acknowledgment of this complaint and what actions will be taken to address and resolve this act of gross misconduct from a hospital employee against a patient.

Submitted: 8 months ago.Category: Legal
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Answered in 2 hours by:
9/24/2017
Lawyer: Thelawman2, Attorney replied 8 months ago
Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1,964
Experience: Attorney-at-Law
Verified

Hello, my name is ***** ***** I will be helping you today.

What you have described goes beyond simply patient rights, and could be considered an intentional tort (like invasion of privacy or assault) that could result in a lawsuit either against the security guard or the hospital (or both).

The next steps that you should take depend on what you want the final outcome to be. If you simply want to know that this issue is being effectively handled by the hospital and the security guard is being punished, you may want to just tell the hospital that you are considering a lawsuit, but that you wouldn't pursue it further if you knew that the security guard was being taken care of.

However, if you want to seek damages because of this issue, then you should not contact the hospital at all and instead should reach out to a personal injury attorney in your area who can help you with this issue.

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Customer reply replied 8 months ago
I want to seek an attorney.
Lawyer: Thelawman2, Attorney replied 8 months ago

Okay. Then you should try searching on avvo.com for an attorney in your area. Look for one who focuses on personal injury claims.

I hope this has been helpful. If so, please provide a positive rating so I get credit for helping you today!

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Customer reply replied 8 months ago
what do I get for 59
Lawyer: Thelawman2, Attorney replied 8 months ago

I don't know what you mean. I'm not involved in any of the billing. I am just answering questions. If you have questions regarding the billing, you should try to contact customer service. However, I don't get credit unless you provide positive rating.

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Customer reply replied 8 months ago
Well this is not making sense to me. How is is this a personal injury lawsuit. I was asked by the attorney's that Iooked up from your recommendation that their is nothing that they can do and that it would be handled internally. There has to be something more. That bastard humiliated me.
Lawyer: Thelawman2, Attorney replied 8 months ago

Unfortunately, sometimes if you cannot find an attorney who is willing to take your case, you have to go on your own in small claims court. It is not the first time that I've heard a lawyer declining to take a case even though there was a case to go on.

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Customer reply replied 8 months ago
would you take it?
Lawyer: Thelawman2, Attorney replied 8 months ago

I am unable to personally represent people through this website; however, if someone came to me with such a case, it would seem to be at least something where negotiating with the hospital for a possible monetary settlement could be fruitful and probably not that difficult.

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