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OfflinePsilosopherr
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Seeking legal advice, friend of mine got seriously fucked over by the local hospital
    #23704440 - 10/03/16 05:33 PM (7 years, 3 months ago)

(how is there no subforum for legal advice? I just find that surprising. I know its the pub but I'd appreciate it if we could keep this thread productive/respectful)

So a good friend of mine just told me this story and I feel I need to try to do something, it seems like borderline medical malpractice/extortion. It could easily be a newsworthy story in my eyes, but I doubt she'd opt for that route.

So she had been at a bar one night, only had two drinks (can handle her alcohol) and remembers nothing after that, she blacked out or something. Next thing she knows she is at home with a cup of ice, a shirt that isn't hers, and feeling oddly. Her room-mate finds her in this condition and becomes extremely concerned, it sounded like the roomate may have snapped her out of a stupor and pointed all this out to her for the first time, and so my friend gets really freaked out and goes to the hospital to see if she's been drugged/raped/etc.

I know going to the hospital might not be the best place but I can see why she did, spur of the moment, absolutely terrified/sick about what might have happened, needing answers, whatever. So she gets there and tells them what happened, saying she needs to be tested for roofinol (roofies) and likely that she needed to get her vag swabbed for semen. (didn't ask for specifics here)

So they take her blood, her urine, (supposedly to test for roofies/drugs) and then she ends up in a room with a doctor. This doctor essentially assumes that she just got way too drunk last night, accuses her of being an alcoholic, lectures her about drinking alone, and informs her that the blood and urine the nurses just took cannot be used to test for the presence of roofies.

So in the end, she leaves the hospital with three thousand dollars in medical bills, NO answers as to whether she was drugged, raped, nothing. She just got a lecture about not drinking alone, they treated her like it was her fault. (which hey, maybe it kinda was, but that is NOT a physicians place) Is ignoring rape, not helping a patient, and billing them while doing it medical malpractice or being accessory to a crime???

They didn't even fucking test her for the presence of date rape drugs, didn't swab her vagina for semen, they just treated her like shit, extorted her for thousands of dollars, and showed her the door. There was no talk about police involvement. I wish it happened more recently or I'd be down there asking that bartender some fucking questions.

Its got me fairly emotional as you can likely tell, I would be SO grateful for any advice on how to help the situation. It really seems to me that at the least they should have paid for there own mistake and not stuck her with a 3k bill for doing NOTHING other than exasperating her already emotional state.


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Offlineqman
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Psilosopherr]
    #23704455 - 10/03/16 05:40 PM (7 years, 3 months ago)

Her mistake was not contacting the police and then expecting the doctors to conduct some sort of legal investigation.

She fucked up, first you call the police and then let them conduct an investigation, if that involves going to the hospital then they are in charge, not the doctors.


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OfflinePsilosopherr
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: qman]
    #23704459 - 10/03/16 05:42 PM (7 years, 3 months ago)

Good to know for the future at least.

Doesn't change the hospitals actions though.


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Offlineqman
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Psilosopherr]
    #23704477 - 10/03/16 05:48 PM (7 years, 3 months ago)

Quote:

rbalzer said:
Good to know for the future at least.

Doesn't change the hospitals actions though.




Yeah, that hospital bill should be tossed into the trash and she should contact a lawyer.

Just out of curiosity, did she think someone had sex with her?  Wouldn't she know?  I thought women could tell, I don't know.


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OfflinePsilosopherr
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: qman]
    #23704499 - 10/03/16 05:55 PM (7 years, 3 months ago)

She's paid a fair amount of it by now, don't know what effect that has but yeah I definitely want to hear from a lawyer on this.

She apparently couldn't tell if she'd been penetrated and said something that led me to believe that women can't tell unless its rough enough to make something sore or something. Which makes sense to me, unless they're a virgin or something maybe...anyway

The total blackout, little alcohol consumption, "weird" feeling she had the next morning, combined with how her room mate found her really seem to point to rape. :shrug: That seemed to be her conclusion. I didn't think to ask why she didn't tell police, I hear that women rarely report these things though.

That or something really weird went down to get her in some strangers shirt, a shirt designed for a female too, which was even weirder. God I wish I could've asked around that bar..


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OfflinePsilosopherr
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Psilosopherr]
    #23713427 - 10/06/16 02:47 PM (7 years, 3 months ago)

Was half expecting this to become a hot topic. oh well


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InvisibleBigfeely123
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Psilosopherr]
    #23713452 - 10/06/16 02:55 PM (7 years, 3 months ago)

You're better off asking for this sort of advice on a reddit subforum pertaining to legal advice. That's my advice. :wink:


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InvisibleModestMouse
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Bigfeely123]
    #23713460 - 10/06/16 02:56 PM (7 years, 3 months ago)

:pm: enlil
/thread


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OfflinePsilosopherr
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: ModestMouse]
    #23713544 - 10/06/16 03:23 PM (7 years, 3 months ago)

thank you bigfeely, last time I went looking for legal advice on google it didn't go so well.

I had been hoping enlil would happen to see the thread, I suppose PM would be the fast option. I don't know him/her well at all though, hopefully they wouldn't mind.


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InvisibleBigfeely123
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Psilosopherr]
    #23713562 - 10/06/16 03:30 PM (7 years, 3 months ago)

not a problem man. hope everything turns out a-okay for your friend. im thinking reddit would be your best bet for advice on this sort of "more serious" matter. have a good one.


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Invisiblefalsereality


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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Bigfeely123]
    #23713579 - 10/06/16 03:36 PM (7 years, 3 months ago)

Yeah, I don't know... You should find a lawyer that specializes in medical law. I can recommend one that will find you a great lawyer in your state, email me.


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InvisibleEnlilMDiscord
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Psilosopherr]
    #23713750 - 10/06/16 04:33 PM (7 years, 3 months ago)

I'm  not sure what you're really looking for as far as answers.  If you're wondering if the hospital has any liability, probably not.  At most, you've got a breach of contract claim based on the fact that she asked for specific services and got something else.


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Offlinemusiclover420
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Enlil]
    #23713782 - 10/06/16 04:45 PM (7 years, 3 months ago)

Do you now how much of it she has paid? How is she doing financially? Sounds like she should tell that hospital to go fuck themselves...

If she has paid most of it off then I guess she may as well finish it but complaining and spreading the story might help her get some kind of deal.

Ask her if she feels comfortable bringing her story to the news or would mind if you share her it anonymously.

The hospital staff sound like assholes and if I were her I would be spreading that story everywhere. "Womman possibly drugged and raped goes to hospital for help, gets lectured and 3K in medical bills" is not a good headline for their business... I imagine they might want to work out something instead of have a story like that spread and losing business possibly.

I would understand why she doesn't want to talk about it though, hopefully nothing happened...

Its sickening there are scum out there who would even consider slipping someone a roof... If its not too late maybe she should file a police report.

Maybe she could find where the shirt came from and at the very least get another persons perspective, even if it was just someone who found her and brought her home.


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OfflinePsilosopherr
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: musiclover420]
    #23713817 - 10/06/16 05:02 PM (7 years, 3 months ago)

Believe she's paid roughly half and is in debt but living well enough it seems.

Thats the headline I keep seeing in my head musiclover. Especially the fact that they turned her away with no answers. I really don't know how this kind of thing works but perhaps the threat of going to the press would be enough. Will give the other suggestions some thought for sure, I liked em.

Thanks enlil, will have to look into it more I suppose.


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Offlinekoods
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: Enlil]
    #23713838 - 10/06/16 05:13 PM (7 years, 3 months ago)

Quote:

Enlil said:
I'm  not sure what you're really looking for as far as answers.  If you're wondering if the hospital has any liability, probably not.  At most, you've got a breach of contract claim based on the fact that she asked for specific services and got something else.




If the police wanted to get a rape test as evidence, would the person being tested be liable for the cost of services provided by the medical facility? How does that work? There are times when someone is legally compelled to submit to medical procedures/testing for evidence purposes. Would the state be liable for costs?

Edit: Nevermind. I found the answer. The Violence against women act requires that local authorities must provide free examination, or reimburse the victim (regardless of the outcome of the testing). Victims cannot be charged upfront.

In light of this, I think someone who thinks they might have been raped should first contact the police or get the police involved at the hospital. If the medical procedures are part of an investigation, the person wouldn't have to pay for them.

OP, the woman who this happened to should contact the hospital legal department and explain that she arrived in the ER concerned that she had been drugged and possibly sexually assaulted. She should say instead of investigating this concern, including having law enforcement involvement, they rendered innaprporiate care and violated the VAWA.


Edited by koods (10/06/16 05:24 PM)


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InvisibleEnlilMDiscord
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Re: Seeking legal advice, friend of mine got seriously fucked over by the local hospital [Re: koods]
    #23713851 - 10/06/16 05:16 PM (7 years, 3 months ago)

Yes, the state is liable for all costs associated with a criminal investigation.


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