Emergency Department Refused to Treat a Patient Due to Disability
My question involves civil rights in the State of: TX
First of all this has to do with mental illness disability which some people think is a joke. if you are one of those people, then please don't respond, but instead do the human race a favor and Google it or something.
I went to the emergency room (in an ambulance) because I was having a panic attack but they told me I would have to wait in the waiting room. However, my disability prevented me from doing that. I could not wait in the waiting room. The reason for that is that I have panic disorder and social phobia, so waiting in the waiting room could make the panic attack worse and lead to seizures. And I explained that to them. Basically the choice was leave or go to the waiting room and risk going into seizure. Some choice huh? Anyway, the following things happened:
1. The hospital staff *told* me to leave. They just kept insisting that I "could not wait here". But I kept telling them that I could not wait in the waiting room.
2. They called security and two hospital security guards actually escorted me out of the emergency room.
3. My panic attack symptoms got worse. So I went back to the intake room and insisted that I needed medical attention (again, I could go into seizures) and that I could not wait in the waiting room because of my mental illness.
4. They then called security again and six or seven security guards showed up and they threatened to call the sheriff on me if I did not leave, and in fact I heard them on their radios calling what sounded to be like the sheriff.
5. I could not wait for the sheriff to come and arrest me because that might send my panic attack over the edge and could lead to seizures and hypertensive emergency.
6. The 7 security guards argued with me and then finally escorted me out of the building.
I mean what choice did I have. Option A, leave and risk seizure Option B go to the waiting room and pretty much ensure a seizure. Don't I have the right to be accommodated? It's not asking a whole lot. They could've let me wait in the hallway or something, no grand or expensive accommodation was necessary, just simple decency. If they are not equipped to accomodate this disability, then maybe they should be legally compelled to.
I'm trying to think of an anology to a physical disability. Like what if the waiting room had stairs I had to climb, but I was physically unable? I mean I know that would never happen with todays building codes or whatever, but you get the point. What do you guys think? Again, as a reminder, mental illness can be a very serious disability; it can prevent you from doing things, not just make things harder to do.
Edit: This all led to emotional/psychological trauma and pain and suffering
Re: They Refused to Treat Me at a Hospital Due to My Disability
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Quoting
bugs-bunny
What do you guys think?
Think about what?
This is a website where people discuss their legal troubles and ask for guidance.
You were obviously not harmed (in a legal sense) by the experience so there is no legal recourse against the hospital.
Re: They Refused to Treat Me at a Hospital Due to My Disability
I edited the original post. This all led to emotional/psychological trauma and pain and suffering. Sorry I figured that was obvious. But even if it hadn't, being refused treatment (which was needed) is legally ok? That's what I am trying to get at too.
Re: They Refused to Treat Me at a Hospital Due to My Disability
Only emergent care is mandated. Just because you arrived via ambulance doesn't make it an emergency.
Re: They Refused to Treat Me at a Hospital Due to My Disability
They didn't refuse to treat you. They refused to drop everything and treat you immediately. ER's work on a triage basis. It's not first come first served.
Re: They Refused to Treat Me at a Hospital Due to My Disability
A panic attack is not something the ER handles. Next time try a psychologist or other behavioral health specialist. When you go to the ER, they take you when they take you, and put priority on the people bleeding out or unconscious. Get offended if you want, but a panic attack is hardly a priority for any major emergency room.
Re: Emergency Department Refused to Treat a Patient Due to Disability
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Quoting
bugs-bunny
My question involves civil rights in the State of: TX
Your bad luck right out of the gate. Texas law requires emergency room patients alleging malpractice to prove that their injury resulted from “willful and wanton” negligence, not ordinary negligence and not mere indifference.
Quote:
Quoting bugs-bunny
I went to the emergency room (in an ambulance) because I was having a panic attack but they told me I would have to wait in the waiting room.
Should we infer that the hospital did not have a psych E.R.?
Quote:
Quoting bugs-bunny
However, my disability prevented me from doing that. I could not wait in the waiting room. The reason for that is that I have panic disorder and social phobia, so waiting in the waiting room could make the panic attack worse and lead to seizures. And I explained that to them.
Even with a disability, you have no right to go into areas of the Emergency Department that are restricted to medical personnel and patients already receiving treatment. Being told to leave a restricted area does not violate your rights, even if you are insisting to those people -- who are not treating you -- that you cannot handle being in a waiting room due to your psychological condition. That's something you need to raise with the staff at the front desk.
It sounds like you were dealing with a very busy emergency department, and it's possible that the places they might have been able to offer you to wait were occupied by other patients. It's not clear, however, that you made a proper request for a quiet place to wait, rather than making your demands to the wrong people in a restricted area of the E.D.
Re: They Refused to Treat Me at a Hospital Due to My Disability
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Quoting
PADriver13
A panic attack is not something the ER handles...
Did I not explain that it can lead to seizures? Did you even read what I wrote? PAD ignorance is one thing, Willful igonorance is another. It can be considered a medical emergency AND a priority and something for which they admit you, and no not the psch ward, FYI. They monitor you and administer meds. Did I not ask you guys to google it?
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Quoting
flyingron
Only emergent care is mandated. Just because you arrived via ambulance doesn't make it an emergency.
Assume it was a medical emergency ok? However not immediately life-threatening. You know, like the people in the waiting room. Those people were seen.
Re: They Refused to Treat Me at a Hospital Due to My Disability
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Quoting
bugs-bunny
Did I not explain that it can lead to seizures? Did you even read what I wrote? PAD ignorance is one thing, Willful igonorance is another. It can be considered a medical emergency AND a priority and something for which they admit you, and no not the psch ward, FYI. They monitor you and administer meds. Did I not ask you guys to google it?
Not if there are 12 dying patients ahead of you, it's not.
Re: They Refused to Treat Me at a Hospital Due to My Disability
Again, my problem is not with having to wait. Did you even read my post?