My question involves malpractice in the state of: New Jersey
I arrived at a large metro area hospital for a lung biopsy at 10:30 am. Surgery began at 12:30 pm; in a private room recovering by 2 pm. I felt fine except for excruciating pain each time I breathed. I am 55 years old.
A morphine pump was brought in. I immediately asked for a drug other than morphine as morphine does not work on me very well. I repeated this request at least a dozen times from 2 pm - 9 pm. Nurses said each time "we're working on it". Pain level was 9/10; morphine brought it down to 8/10; drugs like Oxycontin, Oxycodone, dilauded would have lowered my pain level to 5/10, maybe 4/10. I know this as I am prescribed Oxycontin by a pain management doctor for back pain and have been on it for decades.
I should also mention here that I am a highly functional schizophrenic on medication for the condition - none of which they had given me that day. One trigger for me that causes increased auditory hallucinations (voices) is pain. So, at an 8/10 pain level, the "chatter" in my head is rather severe. This was an another reason (in addition to the pain itself) for requesting a different pain drug - to get my pain level down, which in turn would drastically lower if not stop the "chatter" in my head altogether.
At 10 pm, a doctor came in and removed my chest tube and she said "OK - you're all set".
I called the nurse and asked for my Ambien to get to sleep; she informed me that they gave it to me at 5:30 pm. I was stunned and mildly angry as I knew that I would be awake all night with the 8/10 high pain level and exponentially increased "chatter".
I then called the nurse again and stated that I wanted to go home. She said "OK/fine, but you'll have to do so AMA". I said that was fine and that I was willing to sign any documents needed to leave.
An hour went by - nothing. I called the nurse and she replied that she was working on it. 30 minutes later, the nurse appeared at my door with 4 large security guards -- each holding restraint straps in their hands. Obviously done to intimidate me.
The nurse then asked "what is it that you can do at home that we can't do for you here?" Certainly, a legitimate question, I thought. I replied "I can take my prescribed Oxycontin and finally obtain adequate pain relief, which I have been trying to do all day here without success; I can take my schizophrenic medication which you have not given me any all day for some unknown reason; I can take my prescribed Xanax and Ambien, then get some sleep". I then added "I did not drive here, so I'll be taking a cab home" - drive time about 10-15 minutes total to my home.
She said "Oh.....OK" and left. The clock ticked by.
At 1:30 am, I had had it. No sign of the security guards for the last hour+. I got dressed into my street clothes and exited my room.
The nurse spotted me and said "Mr. G., the exit elevators are this way" as she pointed. Stupid me believed her and started to walk in that direction only to be met by the 4 security guards turning the corner.
I turned around and rushed back to my room; immediately called 9-1-1. I was on the phone with 9-1-1 explaining the situation when one of the guards grabbed the phone out of my hands and un-plugged it from the wall. Isn't that illegal - to interfere with a 9-1-1 call?
One guard said "lie down" - I complied. My left arm was at my side, but my right arm was in an awkward position over my head and the guard was trying to strap it there. I said "sir, you are hurting me". He kept going. I said again "sir, you really are hurting me". He replied in a very-raised voice - "THAT'S RIGHT. THIS IS WHAT HAPPENS WHEN WE MISBEHAVE".
I offered no resistance whatsoever. I let the guards strap/tie me down (4-point restraint). Then I looked to my left and noticed that the nurse has several syringes in her hand. I asked "what are those?". She replied that it was a "Haldol cocktail" and told me the names of the other drugs (I forget them now, but know they all were heavy-duty anti-psychotic drugs.
I adamantly stated "I do not want those drugs. They are horrible anti-psychotic drugs and I do not need them". She replied that "...it was SOP to give these drugs to "out-of-control" patients to calm them down and restore order." I was far from out of control having offered no resistance to the strap-down.
I repeated again - "I do not want those drugs; I am most certainly not out-of-control; I do not want nor do I consent to those drugs". She then proceeded to inject me with every syringe she had in her hand, one by one.
Please keep in mind that I never touched a guard or anyone else; no physical altercations of any kind; I never yelled, screamed, cursed or even raised my voice at the officers, nurse or anyone else.
Furthermore, she took away the morphine pump! True as I've said that morphine gives me very little pain relief, but at least it gives me some pain relief. She said that I can't have both - the Haldol-cocktail and the morphine together.
So there I lay for at least 2.5 - 3 hours flat on my back which caused me more pain (in my lower back) because of bulging and herniated discs. Lying on my back is the worst position that I can be in.
I also had a "minder" in the room with me. A young girl in her 20's that spent most of the time just staring at me and watching TV. This occurred while I was strapped down and continued up until I was discharged.
The nurse came back into the room at least 2 more times to inject me with more anti-psychotic drugs. I heard her say to one of the guards in the hallway "I don't know why he's not 'out' - I gave him enough Haldol to put an elephant down."
They finally took the straps off around 4:30 am. No idea why. 2.5 hours later, a male nurse comes into the room and very rudely and abruptly says (while pointing at me) - "YOU -- you need to make a phone call to get someone here NOW to pick you up - you're discharged". My jaw dropped in utter amazement and confusion. 3 hours ago, I was tied down and being heavily drugged, but now I'm free to go...? Unreal.
I told him that I couldn't make a call - no phone - security took it during my 9-1-1 call. He returned in 15 minutes with a phone and just stood there with his arms folded. "Make the call" he barks at me. I said it was only 7-something am and that my 77 year-old mother would not be awake yet. He grabbed one of the straps (all were still attached to the bed) and said "do you want these again?". I replied "don't you dare threaten me; told him to get out". I then said "please, just leave me alone".
Meanwhile, a new nurse turns up and says she has medication for me - Oxycontin. I was dumbfounded. "Why now?", I thought. I said to the nurse that Oxycontin has to be taken with food. She said she already marked it down in her computer as "dispensed", so I had to take it. So, I did. The male nurse came back asking if I had a ride yet because "...yous gots to go..". I wonder what the rush was now. He even brought a wheelchair into the room for me - transport to the front exit doors.
Mom came around 8:30, but I found that I could not converse with her because I was unable to form full sentences, thanks to the Haldol-cocktail. This condition lasted for several more hours until I took my prescribed Oxycontin, Geodon (for schizophrenia), Xanax and Ambien. I fell asleep about an hour later and slept for about 6 hours. I felt horrible when I woke up -- like I had been heavily drugged. Forming sentences was still a problem.
I went to the local city police and they basically dismissed it saying that the hospital did what they did because they had my best interest at heart (plus it turns out that the security guards were all off-duty local police officers). I asked to speak to the officer's superior. A lieutenant came to talk with me and said that they would take a report, but that was it since no crimes were committed. He said if I really believed that a kidnapping occurred, I should contact the FBI.
I believe the hospital staff is guilty of some form of kidnapping and assault - at the very least. All I wanted to do was to go home, which the nurse initially indicated was OK, but that it would be AMA.
Instead, I get strapped down to a bed for ~3 hours and super-doped up with their "Haldol cocktails". Once shift change occurred, they could not get rid of m fast enough. Why? Did they finally realize that they screwed up here?
I have contacted at least 6 local medical-malpractice attorneys so far, but each had a seemingly valid reason as to why they could not take the case. I am going down my list and will call others.
My apologies for the length of this post. I didn't see any other way to do it than to provide ALL of the facts as I know them to be.
Do you think the facts as I have laid them out is enough for a criminal case against the hospital &/or hospital staff? (I know that you only have 1 side of the story)
Do you think I have enough to file a civil case against the hospital &/or hospital staff?
Should I really contact the FBI?
Should I contact the hospital and file a complaint?
Thank you for your time, patience and assistance.
Sincerely,
JC
I arrived at a large metro area hospital for a lung biopsy at 10:30 am. Surgery began at 12:30 pm; in a private room recovering by 2 pm. I felt fine except for excruciating pain each time I breathed. I am 55 years old.
A morphine pump was brought in. I immediately asked for a drug other than morphine as morphine does not work on me very well. I repeated this request at least a dozen times from 2 pm - 9 pm. Nurses said each time "we're working on it". Pain level was 9/10; morphine brought it down to 8/10; drugs like Oxycontin, Oxycodone, dilauded would have lowered my pain level to 5/10, maybe 4/10. I know this as I am prescribed Oxycontin by a pain management doctor for back pain and have been on it for decades.
I should also mention here that I am a highly functional schizophrenic on medication for the condition - none of which they had given me that day. One trigger for me that causes increased auditory hallucinations (voices) is pain. So, at an 8/10 pain level, the "chatter" in my head is rather severe. This was an another reason (in addition to the pain itself) for requesting a different pain drug - to get my pain level down, which in turn would drastically lower if not stop the "chatter" in my head altogether.
At 10 pm, a doctor came in and removed my chest tube and she said "OK - you're all set".
I called the nurse and asked for my Ambien to get to sleep; she informed me that they gave it to me at 5:30 pm. I was stunned and mildly angry as I knew that I would be awake all night with the 8/10 high pain level and exponentially increased "chatter".
I then called the nurse again and stated that I wanted to go home. She said "OK/fine, but you'll have to do so AMA". I said that was fine and that I was willing to sign any documents needed to leave.
An hour went by - nothing. I called the nurse and she replied that she was working on it. 30 minutes later, the nurse appeared at my door with 4 large security guards -- each holding restraint straps in their hands. Obviously done to intimidate me.
The nurse then asked "what is it that you can do at home that we can't do for you here?" Certainly, a legitimate question, I thought. I replied "I can take my prescribed Oxycontin and finally obtain adequate pain relief, which I have been trying to do all day here without success; I can take my schizophrenic medication which you have not given me any all day for some unknown reason; I can take my prescribed Xanax and Ambien, then get some sleep". I then added "I did not drive here, so I'll be taking a cab home" - drive time about 10-15 minutes total to my home.
She said "Oh.....OK" and left. The clock ticked by.
At 1:30 am, I had had it. No sign of the security guards for the last hour+. I got dressed into my street clothes and exited my room.
The nurse spotted me and said "Mr. G., the exit elevators are this way" as she pointed. Stupid me believed her and started to walk in that direction only to be met by the 4 security guards turning the corner.
I turned around and rushed back to my room; immediately called 9-1-1. I was on the phone with 9-1-1 explaining the situation when one of the guards grabbed the phone out of my hands and un-plugged it from the wall. Isn't that illegal - to interfere with a 9-1-1 call?
One guard said "lie down" - I complied. My left arm was at my side, but my right arm was in an awkward position over my head and the guard was trying to strap it there. I said "sir, you are hurting me". He kept going. I said again "sir, you really are hurting me". He replied in a very-raised voice - "THAT'S RIGHT. THIS IS WHAT HAPPENS WHEN WE MISBEHAVE".
I offered no resistance whatsoever. I let the guards strap/tie me down (4-point restraint). Then I looked to my left and noticed that the nurse has several syringes in her hand. I asked "what are those?". She replied that it was a "Haldol cocktail" and told me the names of the other drugs (I forget them now, but know they all were heavy-duty anti-psychotic drugs.
I adamantly stated "I do not want those drugs. They are horrible anti-psychotic drugs and I do not need them". She replied that "...it was SOP to give these drugs to "out-of-control" patients to calm them down and restore order." I was far from out of control having offered no resistance to the strap-down.
I repeated again - "I do not want those drugs; I am most certainly not out-of-control; I do not want nor do I consent to those drugs". She then proceeded to inject me with every syringe she had in her hand, one by one.
Please keep in mind that I never touched a guard or anyone else; no physical altercations of any kind; I never yelled, screamed, cursed or even raised my voice at the officers, nurse or anyone else.
Furthermore, she took away the morphine pump! True as I've said that morphine gives me very little pain relief, but at least it gives me some pain relief. She said that I can't have both - the Haldol-cocktail and the morphine together.
So there I lay for at least 2.5 - 3 hours flat on my back which caused me more pain (in my lower back) because of bulging and herniated discs. Lying on my back is the worst position that I can be in.
I also had a "minder" in the room with me. A young girl in her 20's that spent most of the time just staring at me and watching TV. This occurred while I was strapped down and continued up until I was discharged.
The nurse came back into the room at least 2 more times to inject me with more anti-psychotic drugs. I heard her say to one of the guards in the hallway "I don't know why he's not 'out' - I gave him enough Haldol to put an elephant down."
They finally took the straps off around 4:30 am. No idea why. 2.5 hours later, a male nurse comes into the room and very rudely and abruptly says (while pointing at me) - "YOU -- you need to make a phone call to get someone here NOW to pick you up - you're discharged". My jaw dropped in utter amazement and confusion. 3 hours ago, I was tied down and being heavily drugged, but now I'm free to go...? Unreal.
I told him that I couldn't make a call - no phone - security took it during my 9-1-1 call. He returned in 15 minutes with a phone and just stood there with his arms folded. "Make the call" he barks at me. I said it was only 7-something am and that my 77 year-old mother would not be awake yet. He grabbed one of the straps (all were still attached to the bed) and said "do you want these again?". I replied "don't you dare threaten me; told him to get out". I then said "please, just leave me alone".
Meanwhile, a new nurse turns up and says she has medication for me - Oxycontin. I was dumbfounded. "Why now?", I thought. I said to the nurse that Oxycontin has to be taken with food. She said she already marked it down in her computer as "dispensed", so I had to take it. So, I did. The male nurse came back asking if I had a ride yet because "...yous gots to go..". I wonder what the rush was now. He even brought a wheelchair into the room for me - transport to the front exit doors.
Mom came around 8:30, but I found that I could not converse with her because I was unable to form full sentences, thanks to the Haldol-cocktail. This condition lasted for several more hours until I took my prescribed Oxycontin, Geodon (for schizophrenia), Xanax and Ambien. I fell asleep about an hour later and slept for about 6 hours. I felt horrible when I woke up -- like I had been heavily drugged. Forming sentences was still a problem.
I went to the local city police and they basically dismissed it saying that the hospital did what they did because they had my best interest at heart (plus it turns out that the security guards were all off-duty local police officers). I asked to speak to the officer's superior. A lieutenant came to talk with me and said that they would take a report, but that was it since no crimes were committed. He said if I really believed that a kidnapping occurred, I should contact the FBI.
I believe the hospital staff is guilty of some form of kidnapping and assault - at the very least. All I wanted to do was to go home, which the nurse initially indicated was OK, but that it would be AMA.
Instead, I get strapped down to a bed for ~3 hours and super-doped up with their "Haldol cocktails". Once shift change occurred, they could not get rid of m fast enough. Why? Did they finally realize that they screwed up here?
I have contacted at least 6 local medical-malpractice attorneys so far, but each had a seemingly valid reason as to why they could not take the case. I am going down my list and will call others.
My apologies for the length of this post. I didn't see any other way to do it than to provide ALL of the facts as I know them to be.
Do you think the facts as I have laid them out is enough for a criminal case against the hospital &/or hospital staff? (I know that you only have 1 side of the story)
Do you think I have enough to file a civil case against the hospital &/or hospital staff?
Should I really contact the FBI?
Should I contact the hospital and file a complaint?
Thank you for your time, patience and assistance.
Sincerely,
JC
Medical Malpractice: Leaving a Hospital Ama/ Kidnapping + Assault
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