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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118305
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I recently experienced surgery. I took no pain medication

Customer Question

I recently experienced surgery. I took no pain medication thus resulting in so much pain I could no sleep for two weeks. My doctor was not sympathetic to my pain and shot me down with a smart remark. I did not ask for pain meds just for him to check and
see if the surgery was okay due to the pain he said I should not have. This resulted in a remark that I wish I could just go to sleep and forget about the pain resulting in the doctor thinking I was going to commit suicide. He said I could either go to the
emergency room or he would have me committed. I went to the emergency room. I was examined by a psychiatrist who deemed I was okay, but ask if I would spend the night so he could give me meds to sleep. I agreed. I was put in the emergency psyc ward with no
meds. I had received no treatment all day. Blood sugar 350, blood pressure over 200. I was finally transported to a facility across the streets by hospital to another psyc emergency unit a 12:15 am. I was given insulin and meds for blood pressure. Nothing
for sleep or pain. I was greeted the next morning by a psychiatrist who informed me she was involuntarily committing me to the hospital. I was escorted 2 hours away by armed sheriff deputy and put in an psyc unit with co ed population. I was searched by a
male nurse (I am female) alone in a room. I was kept for 8 days, denied medication. I could access my locker before 8 am and after 8 pm this was for showers also. I was watched while showering by a female nurse. I was held against my will. No phone, hair brush,
etc. I am in NC. I read on the hospital rules that I was supposed to be seen by a doctor as soon as I arrived at the new facility. It was 36 hours until I was seen. I was denied any of my meds until I saw the doctor. I am diabetic and controlled Bipolar. Do
I have any rights.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 2 years ago.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they did not properly treat you and did not provide you proper medication, it is possible to have suit against the hospital based on what you described above. However, under NC law, before you could sue anyone for this malpractice, you need to have your medical records from all of this reviewed by a medical doctor as an expert and they need to write a sworn affidavit attesting that the conduct complained of was negligent and below the reasonable standard of care. See: N.C. Gen. Stat. § 1A-1, Rules of Civ. Pro., Rule 9(j).

If you do not have a medical expert review and stating that the care and treatment you received was negligent, the court must dismiss any suit filed pursuant to the NC law.