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  1. #1
    Join Date
    Feb 2019

    Default Medical Malpractice for Failure to Treat Anxiety

    My question involves malpractice in the state of: Pennsylvania

    During afternoon hours, I sought medical attention that long stort short ended up being "anxiety" and i left urgent care with a psychiatric referral, but no medicine to treat the diagnosis. They prescibed me an inhaler and "magic mouth wash" hesitantly, because my real diagnosis was anxiety and the "symptoms" (swollen tongue/throat, trouble breathing) I was complaining if were solely from the anxiety, and not actual medical symptoms of anything else.

    As the day went on, the anxiety continued to worsen. By 6pm, I felt I had no choice but to just get away. So, I grabbed my daughter, jumped in the car, and began the 9 hour drive to my mother's house. At this point in time and in the midst of my condition, I felt like NOTHING would get better until I was there with my mom (Although, anxiety medicine probably would have prevented all of this!).

    At 4am, I was pulled over literally 10 miles from the NC state line 😭 (mom is in NC). I was clocked at 93mph and cited for speeding and reckless driving. Weather conditions were perfect, there were barely any other cars in site, and although I have a few speeding tickets (around 2 years ago is the most recent), I had NEVER been involved in an accident.

    I have proof of the medical condition and the treatment I sought, but from what I'm reading "medical emergency" cannot be foreseen or it doesn't apply as a defense since i "made the choice to drive, aware of condition". However, my condition wasnt treated properly, and during the time I didnt "make a choice". My pstchiatric state compulsively required me to get there as soon as possible and did not allow me to make reasonable choices that I probably would have made had the condition not existed or been properly treated!

    Whats the possibility of getting the whole thing dismissed? Or at least dropping the reckless driving part? Can I hold the urgent care facility responsible in any way for not treating me properly?!

  2. #2
    Join Date
    Jul 2010

    Default Re: Failure to Treat

    Urgent care facilities are not usually set up/staffed to treat psychiatric issues. They can treat the physical symptoms that might manifest but that's about it. An ER is more likely to have someone on site or on call to deal with psychiatric emergencies.

    The problem with anxiety is it can be a minor issue that once the physical symptoms are addressed, it resolves itself. If you felt you were in a serious anxiety attack, an ER or emergency psychiatric facility would have been more appropriate to seek assistance at. The potential downside to that being, you may wind up staying longer than you expect.

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