Negligence In Mental Facility

Summary

If you experienced negligence at a mental health facility, you may have grounds for a personal injury lawsuit, violation of patient rights, or even a wrongful death claim if applicable. Gather evidence like medical records and witness statements promptly. Under HIPAA, you have the right to access your medical records, and facilities can only charge a reasonable fee. If denied access due to inability to pay, file a complaint with the Office for Civil Rights (OCR). Document any suspicious behaviors and consider consulting a lawyer for potential obstruction of justice. Preserve any evidence from staff members who witnessed the incident.

Full Conversation

I am trying to find out what lawsuit fits my situation
Hello **** ****, could you please provide more details about your situation? Also, could you let me know your location as legal procedures can vary based on jurisdiction?
Hopewell va
Thank you for the information, ****. Could you please provide more details about the issue that you're facing so that I can guide you better?
I was at a facility for mental health and the staff was aware of my mental and medical history I had multiple seizures in a patient that was with me yelled help and staff members took their time getting to me they gave me Ativan every * minutes during seizures during my last seizure I fell and hit the floor hard and hit my head as the patient yelled help the staff took a good time getting to me and then stop breathing for * minutes and the staff argued and yelled at each other and told the patients to go to their rooms and stated they did not want any Witnesses also they refused to resuscitate me as they didn't know how and they refuse to call the EMS until one staff member said she was going to report the facility and quit after she called the EMS and then the EMS came resuscitated me took me to the hospital and the hospital nor the EMS new I hit my head
Based on your situation, you may consider:
- Personal Injury Lawsuit for negligence and malpractice
- Violation of Patient's Rights
- Wrongful Death Claim (if applicable)
I'd recommend consulting with a local attorney for detailed assistance. Laws can differ in Hopewell, VA.
Okay
That's a good start, ****. It's important to gather all the evidence like medical records, witness statements etc. Also, it's crucial to act promptly as there are time limits to file lawsuits. Would you like assistance finding a local attorney in Hopewell, VA?
Medical records are refusing to give them to me
Under the Health Insurance Portability and Accountability Act (HIPAA), you have a right to access your medical records. Here are steps you can follow:
- Submit a written request.
- If denied, ask for a written denial notice.
- Consider filing a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services.
Medical records told me I had to pay
****, under HIPAA, facilities can charge a "reasonable, cost-based fee" for providing copies of your medical records. However, they can't refuse to provide them if you can't afford to pay. Did they deny you access because you can't pay?
Yes
That is not right, ****. If you can't afford to pay, they still have to provide you with your medical records. You can file a complaint with the Office for Civil Rights (OCR) if they refuse. Would you like information on how to file a complaint?
Yes
To file a complaint with the Office for Civil Rights (OCR), you can:
- Visit the OCR's website and fill out an online complaint form.
- Mail, fax, or email a signed written complaint.
- Contact OCR's hotline: (*) *-*.
Remember, complaints must be filed within 180 days of the incident.
The Facility replaced staff members and are covering up what happened to me
****, if the facility is covering up the incident, consider:
- Documenting any changes or suspicious behaviors.
- Reaching out to the replaced staff for testimony.
- Filing a complaint with your state's Department of Health.
- Consulting a lawyer for potential obstruction of justice.
These steps might help uncover the truth.
The staff member who was also responsible for what happened to me quit her job the same day I got hurt and sent to the hospital
That's a crucial information, ****. Did the staff member leave any communication or evidence that shows her disagreement with the facility's actions? This could significantly strengthen your case.
Yes the staff members spoke on what happened that day in my situation I was hurt
That's very valuable, ****. Preserve any evidence from the staff member. It could be crucial in your lawsuit. Consider sharing this with your attorney who can advise you on the best legal path forward.