Legal Question in Medical Malpractice in New Jersey

Dr walks in on me changing

I�m a woman and a few weeks ago I went to the ER after having a pain in my right side for 12 hour. I was seen by a practitioner there who briefly examined my abdomen asked me to change completely for further exam. While I was changing in the curtained exam area, a female employee (nurse or doctor?) opened the curtain suddenly and walked in. I told her I was changing and tried to cover myself. She proceeded to rummage through a cabinet in the room while I keep saying �excuse me�! When she finally closed the curtain she said she didn�t know anyone was in there. I talked to two nurses about the incident and they moved me out of the curtained exam area and into an exam room. A charge nurse spoke to me and gave me a number to a patient advisor for that hospital.Yet another nurse came in and told me I was all set. Nobody had come back to exam me any further and no cause was given for the pain in my right side. I got so angry at what had happened and not being examined,I put on my clothes and walked out without signing any discharge papers. I did not go to another ER. The next morning the pain was worse and after returning to the same ER I was told I had an ovarian cyst. Can I sue them for for what I went through?


Asked on 8/10/07, 11:18 am

2 Answers from Attorneys

Re: Dr walks in on me changing

I understand you were feeling badly and are upset, but come on... Can you sue because a woman waled in on a woman changing? Get real! WHY were you upset? You complained and you were given a number for someone to call about your complaint - did you call? You went to an ER - was it on a weekend or in the evening? If so, perhaps someone to complain to was just not available. Perhaps the nurse that came in was looking for something to help someone that had an emergency (remember, you were in an ER) and needed a supply. ER's are hectic - when someone said you were "all set", did you tell her, "excuse me, NO ONE has even seen me yet, so how can I be ready to be discharged?" I suspect not. If not, leaving w/o being seen is your fault. The you went back to the same ER... that tells me you weren't actually that upset, or you would have gone elsewhere. And WHY go to an ER? If the pain persists, you make an appointment and go see a doctor. An ovarian cyst takes a while to develop, you had pain, over time, so you had time to make an appointment to see a doctor. Treatment in an ER is the most expensive medical treatment you can get, and your using an ER for your convenience shows me you are selfish on top of being overly sensitive or unreasonable. I'm an engineer & attorney, my time is valuable, and no matter how sick or bad I have felt, I have been treated at an ER 3 times in my life. The first, I was 12, and my arm was sliced open and I nearly bled to death, the second a car ran a stop sign and hit me on my motorcycle, knocking me out for over 30 minutes, #3, I fell while working late in the evening on a construction project, ripping open a 6" gash in my right lower leg. Take responsibility for yourself, look at the big picture, and use your common sense, don't just act on emotion.

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Answered on 8/13/07, 9:39 am
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Dr walks in on me changing

Not in my opinion.

I'm sure everything that happned to you is very upsetting. You were treated a bit rudely. When you became upset, the people you were dealing with didn't take the time to understand why you were so upset. Nevertheless, what happened to you is not a violation of the standard of care which led to some measurable damage. Thank heavens you went to another ER and received a diagnosis of your problem.

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Answered on 8/10/07, 12:11 pm


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