Your Medical Provider Was Rude and Disrespectful

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from an agitated caller who reported that the nurses, doctors, and staff at the local emergency room were rude and disrespectful to her. She wanted to know if she could file a lawsuit.

The short answer is yes. But SHOULD she sue? Or, a better question, would the result of filing a lawsuit be something she would label as a success?

A person may be able to establish a case for medical malpractice if a medical provider provides substandard service. Still, it will depend on whether the service constitutes a breach of the standard of care expected from a competent healthcare professional. Moreover, bad service alone is not enough; it must be demonstrated that the provider’s actions or inactions directly contributed to an injury or harm that would not have occurred otherwise. In other words, if the caller left the ER and went to another hospital and received good care, what would be the proof of harm?

Let’s assume that the caller hires a retired physician. And, imagine also that after she pays them thousands of dollars, the physician concludes that the emergency room staff breached the duty of care owed to her by delivering her care that falls below the standard of care. The analysis of whether or not to sue will not end there.

The caller will need to prove that she suffered damages as a result of an injury or harm.

Damages can include, among other items, physical pain and injury, mental anguish, additional medical bills, and lost earnings.

If all that happened to the caller was that they were disrespected or had to wait hours to get service, the caller’s best bet might be to file a complaint with the hospital or the state licensing agency.

Consulting with an experienced attorney is highly recommended to navigate the complexities of medical malpractice cases and to ensure that your rights are protected. And, to ensure that time and money are not wasted spinning your wheels over something that a juror would ultimately consider trivial and not worth being called to jury duty.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”