Greetings everyone! Have a quick question

matteroflaw2004 · Aug 12, 2004

Hello Forum!
I am a struggling with a question and I thought that maybe someone could give me an answer to a legal question, I have searched and searched through legal websites for an answer, so I thought I'd give it a go here.

If a person comes to a hospital and a doctor or nurse asks the patient to disrobe and as a result the patient is naked in the hallway even though the patient did not want to disrobe in front of everyone but has to because of a jam packed ER. Does the patient have the ability to come back and file suit for invasion of privacy or trespass if she didn't consent to being viewed by non-medical persons in the same ED. If so what law guarantees privacy or the reasonable expectation thereof.

Thank you ahead of time.

Consentlaw · Aug 12, 2004

Well.

I dont know, Invasion of Privacy is a stretch but I guess I could see it, mine! If you took off your clothes, you did it willingly. So What your Boobs got shown! Oh shut up you winey pig! The fact that you are probably fat and ugly I am sure offended eveyone else.

ellencee · Aug 12, 2004

matteroflaw2004
If a person comes to a hospital and a doctor or nurse asks the patient to disrobe and as a result the patient is naked in the hallway even though the patient did not want to disrobe in front of everyone but has to because of a jam packed ER. Does the patient have the ability to come back and file suit for invasion of privacy or trespass if she didn't consent to being viewed by non-medical persons in the same ED. If so what law guarantees privacy or the reasonable expectation thereof.

This should never have been allowed to happen. Even if you were 'asked' and were not commanded to undress, you are guaranteed the right to privacy and dignity. It is recognized that many persons are intimidated in a clinical setting just as persons are intimidated at a traffic/license checkpoint and you are not accountable for contributing to this. When a healthcare facility or its employees fail to protect a person's basic human dignity, it is a serious offense.

Consult with an attorney who deals with patient rights.

Best wishes,
EC

Consentlaw
What is the matter with you? Was your marriage invalidated today?

indyjill · Jan 8, 2008

ellencee said:
This should never have been allowed to happen. Even if you were 'asked' and were not commanded to undress, you are guaranteed the right to privacy and dignity. It is recognized that many persons are intimidated in a clinical setting just as persons are intimidated at a traffic/license checkpoint and you are not accountable for contributing to this. When a healthcare facility or its employees fail to protect a person's basic human dignity, it is a serious offense.

Consult with an attorney who deals with patient rights.

Best wishes,
EC

I have been looking on these forums for something similar to this. I went to the emergency room for vaginal bleeding during pregnancy which ended in a miscarriage. I was in the ER for 6.5hrs in which time many things transpired that I was unhappy with. There was very poor communication and care given by the staff at the ER. The main concern that I have is what transpired during the second pelvic exam that was done(this exam was done after being told that I had miscarried mind you so I was already emotionally upset) The doctor started the pelvic exam then decided that he did not have all the supplies/equipment needed to perform the exam in the room. He informed the nurse of this and continued about his exam. While I was up on the table uncovered and being examined by the doctor the nurse proceeded to open the door to the exam room and stand with it wide open while she discussed with another nurse in the hallway what she needed. After realizing that they had the door wide open where anyone in the hall could see me completely exposed I frantically began asking why the door was open and what they were doing and repeatedly requested the door be shut. After she finished talking to the other nurse she finally shut the door only to have it opened two more times while other nurses brought things into the room. This was extremely humiliating and disturbing to me and added unneeded stress to an all ready overwhelming experience. I have talked to the hospital HR department and have been told that they will document it and that the director of nursing will address her staff about proper procedures but that is all they are willing to do. Is there some kind of civil or legal action I can take? I am all for paying for due care and all but I don't feel as though I should have to pay a 3000 dollar ER bill when my privacy rights where completely disregarded and the hospital does not even seem to care. I guarantee this will happen again to someone else if no recourse is taken.

lya · Jan 8, 2008

Bless your heart. I know you feel violated; however, keep in mind that although you had a clear view of the hallway, the hallway did not have a clear view of you. The physician's body and head blocked the view of you.

Protecting a patient's privacy or sense of privacy is one of the very basic healthcare duties. You have the right to voice your concerns to the administration, the state board of nursing, and any certifying organization such as JCAHO. You may even want to inform your insurance carrier of this event.

I doubt you will receive a discount on your bill; but, who knows, you just may.

longsally111 · Jan 10, 2008

Why is it that as soon as people feel their privacy rights were violated, or that they had to wait too long to see the dr or they didnt get the drugs they wanted that they feel paying the bill is not necessary? You spoke with the hospital and they stated they would talk to the staff but this is not good enough for you? You want the bill for the medical care you recieved vacated? You want to sue? That is what is wrong with America!!!!!!!!!

I empathize with the miscarriage, it has happenned to me. You have already admitted to being emotionally upset. The dr had to have the instruments to do the exam. They had to be delivered. Just because the door was open, doesnt mean people could see you. Prove that they did!! The curtain might have been pulled. The nurse might have been blocking the view.

Please MOVE ON!!!!!!! You can get an attorney and you can sue. You would not win

indyjill · Jan 10, 2008

longsally111 said:
Why is it that as soon as people feel their privacy rights were violated, or that they had to wait too long to see the dr or they didnt get the drugs they wanted that they feel paying the bill is not necessary? You spoke with the hospital and they stated they would talk to the staff but this is not good enough for you? You want the bill for the medical care you recieved vacated? You want to sue? That is what is wrong with America!!!!!!!!!

I empathize with the miscarriage, it has happenned to me. You have already admitted to being emotionally upset. The dr had to have the instruments to do the exam. They had to be delivered. Just because the door was open, doesnt mean people could see you. Prove that they did!! The curtain might have been pulled. The nurse might have been blocking the view.

Please MOVE ON!!!!!!! You can get an attorney and you can sue. You would not win

First of all I never said that I should not pay any part of the bill just the part that relates to the service of the pelvic exam. Second of all there was no curtain and no nurse blocking the view. People could see me because I could see them and made eye contact. The fact of the matter is I was exposed and not just once on accident for a brief second. I told them to shut the door the first time and was simply ignored while the nurse stood there and continued about what she was doing and then did it two more times. It is the doctor and nurses JOB to make sure they have the right items to perform the job before starting. Also if a mistake was made and everything needed wasn't there then I should have been covered up before the door was open especially the second and third time it happened. How about you do somewhere full of people take your pants off lay down and let everyone view you before you sit there and tell me I do not have a valid point or the hospital shouldn't be held responsible for horrible service. It is completely unprofessional. The COMPLETE lack of REGAURD for other people and the world around you is what is WRONG with america. If you performed to a substandard level at work would you be fearful or losing your job or being disciplined? I sure would be and so should they. Its time people started to realize you can't just slide by in life and not have consequences to your actions.

Hot Topic · Jan 10, 2008

It's to be expected that a reasonable person would not disrobe in front of the general public, jammed E/R or not, but would ask the doctor/nurses to find available space.

The other is a duplicate post and a "hijack" of this poster's thread.

The poster should not expect the exam to be free. She may wish to take legal action; however, unless the passersby who viewed her vunerability (which I don't think was mentioned in the first post) were to testify, it might be difficult to decide on a monetary award.

As I suggested in response to the first post, she may wish to write the head of the hospital.

barry1817 · Jan 11, 2008

Consentlaw said:
I dont know, Invasion of Privacy is a stretch but I guess I could see it, mine! If you took off your clothes, you did it willingly. So What your Boobs got shown! Oh shut up you winey pig! The fact that you are probably fat and ugly I am sure offended eveyone else.

I really don't see the need for personal attacks.

I am so reminded of so many axioms about boorish behavior but I will never understand the need to be so cruel to a person that asked a question

[email protected]

lealea1005 · Jan 11, 2008

Hi Barry...Looks like the post you quoted is from 2004 and the poster is no longer a member. Indyjill ended up starting her own thread a couple of days ago. I do agree that the attack was inappropriate and uncalled for.

longsally111 · Jan 12, 2008

I have been looking on these forums for something similar to this. I went to the emergency room for vaginal bleeding during pregnancy which ended in a miscarriage. I was in the ER for 6.5hrs in which time many things transpired that I was unhappy with. There was very poor communication and care given by the staff at the ER.

So, the staff gave you poor medical care? Why did you stay then?

The main concern that I have is what transpired during the second pelvic exam that was done(this exam was done after being told that I had miscarried mind you so I was already emotionally upset)

This is where you are not lucid because you were already upset and "fragile" and anything could set you off.

I have talked to the hospital HR department and have been told that they will document it and that the director of nursing will address her staff about proper procedures but that is all they are willing to do.

again, you are wanting more?

Is there some kind of civil or legal action I can take? I am all for paying for due care and all but I don't feel as though I should have to pay a 3000 dollar ER bill when my privacy rights where completely disregarded and the hospital does not even seem to care. I guarantee this will happen again to someone else if no recourse is taken.[/QUOTE]

You answered my earlier response by stating that you were not trying to get out of your bill. Your answer here shows otherwise. You clearly state that you feel the bill is "unfair" to you due to what happenned to you.

Move on. You have no case here. This is a Legal forum, not a therapists couch, I am sorry you do not like the responses you are getting but they are from a legal standpoint, not an emotional one. BTW, you stated that you were asked to undress where you felt was uncomfortable and showed no provacy. You did not have to, you CHOSE to.

indyjill · Jan 14, 2008

to longsally111

You answered my earlier response by stating that you were not trying to get out of your bill. Your answer here shows otherwise. You clearly state that you feel the bill is "unfair" to you due to what happenned to you. BTW, you stated that you were asked to undress where you felt was uncomfortable and showed no provacy. You did not have to, you CHOSE to.

First off, you need to learn how to read. I did not undress where I felt uncomfortable I was in a closed exam room when I undressed. They opened the door during the exam and I asked more than once that they stop the exam and shut the door. I DID NOT CHOOSE THIS.

Also, I did not say I was trying to get out of my bill in either post. I merely said that because of the service and the blatant fact that proper protocol was not followed the bill should be discounted. Which in any professional field this is the common and acceptable way to do business. I am an architect and if I designed a building that had faults, was above budget, was not meeting deadlines, etc. and this was brought to my attention by my client I would be more than willing to sit down and discuss an acceptable financial remedy. In any professional setting where someone is paying for a service that service needs to be to a certain standard and when it is not there should be ramifications.

"So, the staff gave you poor medical care? Why did you stay then?"

Secondly, what kind of question is that? I was pregnant and bleeding and went to the ER. I was obviously in need of medical attention, I am not going to just walk out the door in the middle of being treated.

That is what is wrong with America!!!!ust because the door was open, doesnt mean people could see you. Prove that they did!! The curtain might have been pulled. The nurse might have been blocking the view.Please MOVE ON!

You are clearly not giving advice from a legal standpoint otherwise you wouldn't put your own personal assumptions and criticism in there like this. Maybe you should get off your high horse looking in the mirror and ask yourself what is really wrong with America.

How about the complete lack of compassion and regard for other human beings.

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matteroflaw2004

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Consentlaw

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ellencee

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indyjill

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lya

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longsally111

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indyjill

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Hot Topic

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barry1817

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lealea1005

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longsally111

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indyjill

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