Unpacking the Legal Jargon: How AI Legalese Decoder Can Help with Cases of Unconsented Medication Administration
- May 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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### The Incident and Concerns
This event took place three months ago, but it still weighs heavily on my mind. I am not seeking financial compensation, but I want to ensure that such a situation does not occur again. At 38 weeks pregnant, I consulted with my regular obstetrician about starting membrane sweeps due to a family history of overdue pregnancies. We both agreed on minimal intervention and a preference for a natural birth. After receiving sweeps from my OB and a midwife without success, I was advised to see Dr. T for a more effective sweep. Excited by the possibility of going into labor naturally, I scheduled an appointment with him and was reassured by multiple staff members that his sweeps were very successful.
### Dr. T’s Membrane Sweep
During the sweep appointment on my due date, my husband and daughter were present. The procedure performed by Dr. T was notably different and more prolonged than previous sweeps. Post-sweep, I noticed a strange substance resembling a pill. Concerned, I called my family who suggested going to the hospital. While waiting for my mom to arrive, I began experiencing regular contractions and decided to head to the hospital.
### Hospital Evaluation and Revelations
Upon arrival, I informed the midwife about the incident with Dr. T. Subsequent monitoring revealed elevated fetal heart rates and required further testing. Dr. T denied any wrongdoing until confronted with the evidence. Following a heated exchange, my husband insisted he leave. The situation was deemed abnormal by the midwife, who offered me the option to stay or leave based on my progress. I opted to leave and later went into labor naturally, delivering successfully two days later.
### AI Legalese Decoder Assistance
The AI Legalese Decoder tool can help address the situation by providing guidance on reporting medical malpractice and seeking accountability for the unprofessional conduct of Dr. T. The tool can assist in understanding the legal implications, filing complaints with the appropriate authorities, and seeking justice for the negligence experienced during the membrane sweep. By utilizing the AI Legalese Decoder, you can navigate the complex legal terminology and processes to ensure that such incidents are properly addressed and prevented in the future.
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****** just grabbed a
Absolutely report him. I’d ask for medical records too. Were you able to get the powder tested ? This is a huge offense and my guess is he didn’t put in your chart, but hopefully the nurses logged it. I’m really sorry this happened to you . He needs to be held accountable. I’d keep looking for a lawyer. Sounds like there’s a reason his membrane sweeps always turn into labor. He’s most likely doing this to other women without their consent.
Report this physician to the medical board as well
This can be a criminal matter. Contact the police and file a report. There are certain times a provider can administer a medication without formal consent, this isn’t one of them.
I am a labor and delivery nurse. PLEASE report this provider immediately and hire a lawyer! This is completely against ACOG. Giving miso without monitoring is negligent. Did the midwife you see document everything in your chart? Do you have proof?
NAL. I’d report it to the board and hire a medical malpractice lawyer to explore your options.
Go after him. He’s not the first:
https://globalnews.ca/news/4303124/college-of-physicians-and-surgeons-of-ontario-dr-paul-shuen-license-revoked/
This is assault. Report him to his board, his employer and the hospital where he saw you/delivers people. After you make a police report.
This might be a stretch, but if he knew he was on call and schedules these membrane sweeps for right before he’s on call, he could potentially be inflating his productivity by inducing patients while he’s on call. This would be likely in the area of Medicare fraud for self-referral issues and several other key areas. You need to escalate this to the medical board, hospital administration, and likely some legal counsel. I’d call the hospital administrator directly, and specifically ask for a patient advocate. Remember they are there first to protect the patient and the hospital. They are similar to HR at your workplace, but can be helpful in getting a satisfactory outcome for you. Just know that if you aren’t satisfied, the next step would be involving legal. They will likely pay for all of your services and get you to sign something saying you won’t pursue anything else against the hospital. This is a big deal. Don’t let them sweep the issue(and you) under the rug. This doctor who’s giving patients medication to induce labor to inflate his RVU’s is putting patients at risk for his own self gain. Completely disgusting behavior. I’d highly like to see if his schedule template has membrane sweeps correlated to when he’s on call. If so, there’s more to it than just his ego. He’s straight up doing it for personal financial gain.
Edit: you should also inform your doctor about the timing, let him know that he tried to induce you when he was on call and wanted to take you as a patient. If other providers sees this provider as poaching patients, then they will no longer refer them to this provider. It could be an effective way to blackball this doctor internally by showing his real reputation. If his partners are already aware of this, it shows a bigger issue within the culture of this hospital by allowing this. Just throwing it out there.
NAL but worked for a firm. Because there is no injury to you or child most personal injury attorneys or civil attorneys won’t take the case and PTSD is not a injury definitely if you don’t have a official diagnosis. Report him to the medical board. This will spark an investigation and could lead to his medical license revoked. But that’s all contingent on what they find and the number of complaints he might have. It could just end as a mark on his record and nothing major coming from it. So don’t be surprised if he continues to practice after this.
Plaintiff’s litigator here who handles a lot of medical malpractice cases.
This is egregious malpractice. I understand that you aren’t looking for a payout, but what you described is illegal, unethical, and I’m absolutely appalled. You need to contact a medical malpractice attorney ASAP. This doctor admitted to his malpractice point blank, and the fact that the other nurses also said something is quite telling. It is highly unusual for staff to outright say these things to patients, and in every case I’ve had where they do, it’s indicative of a bigger issue with that doc.
If this is what he admits to, what does he do that he refuses to admit to?
If there’s a chance the administration of this drug caused complications for your baby, what happens next time to the next baby?
I typically don’t like to guilt patients into pursuing claims…but I actually think it’s okay here. I think you have an obligation to do everything you can to stop this man.
You did not consent to the administration of this drug, and even if it was in tiny print in your paperwork with him, that isn’t informed consent and legally cannot protect him.
Contact a medical mal attorney ASAP. The statute of limitations for these claims is often very short (powerful medical lobbying arms in most states have set up a system of hurdles like this) and can be even shorter if he was a government employee (technically working for a state medical school as a professor, etc. very common). A med mal attorney can help you navigate filing a complaint with the state medical board as well.
I also want you to get a copy of your full medical records on your own asap. I say this because your attorney will request one too, and I’ve caught a TON of providers altering medical records this way.
This man should not be practicing medicine. Even if he’s incredibly skilled in a lot of ways, his ethics are absolutely garbage, and he cannot be trusted.
Please please please call a medical mal attorney as soon as you can. In general, these are the sort of cases where the attorney is only compensated if you win, so you won’t have to pay anything. Look around for a firm that’s been successful in trial against them, as that means they’ve got the experience, balls, and cash on hand to fight and win against these very well funded doctors and the insurance groups that pay for their defense counsel.
I’m so sorry you’re having to go through this. You didn’t ask for any of it, and I can’t begin to imagine the stress of pursuing a claim against this guy while you’re taking care of a newborn. He’s counting on that.
I’m so happy your little one is safe and healthy, and congrats on your new kiddo!
I work in OBGYN and this is 100% NOT NORMAL. Omg. Did they say what kind of pill it was? I’m assuming misoprostol maybe? He should 100% not be inducing you without your consent. I’m so so sorry
NAL, RN, formerly OB/NICU: It sounds like cytotec, which you should absolutely be monitored after being administered. My jaw is just agape. The reason he kept readjusting was because it’s hard to get the pill off your glove near the cervix sometimes. Report him to the medical board in your state, this is insane.
Also want to note, this was very likely Cytotec. Which in this instance was used totally off label. The manufacturers have never attempted to have the drug approved for maternal medicine because they understand its danger in that circumstance. Cytotec is used to treat gastric ulcers. You were drugged with a substance not approved for the usage you endured.
File a police report if you can, this is borderline assault and you should let a DA make that determination.
OP has already spoken with a malpractice attorney and was told she doesn’t have a case.
It sounds like you’ve been given the name of the medication, as you stated it isn’t FDA approved for induction? This is “off label use”, and isn’t by itself indication of malpractice. Consulting with your normal OB might be a better place to start than with an attorney.
I’d be shocked if the informed consent form you signed didn’t broadly protect the physician in this situation.
This comment section has a lot of emotionally charged advice, that imo, should fall short of this communities standards.
Please also file a police report right away.
You were drugged without your consent.
This must be documented. Document all his nurses names.
My wife and I had our first son 9 months ago. We emphasized that she only see women doctors/OBGYN because men doctors are all fucking creeps and have ego problems
You need a medical malpractice lawyer. This is a HUGE case. He’s KNOWN. For this. THOUSANDS of women likely believe they went into labour naturally and they didn’t.
It was probably something like misoprostal.
Call a lawyer, call the police, and then call the medical board. What he did was illegal, do not let it slide. Request and demand your medical records, possibly before the facility knows of the impending legal action.
That was the way they did for my mom BUT they told her!!! (in was the early 80’s in a portuguese countryside hospital).
It is not normal!
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I would be LIVID. This is so absolutely unacceptable. I know you’ve got a lot on your plate with a new baby, but this needs to be reported everywhere. Pregnant women already have lost so much control of our own bodies and too many medical professionals are incredibly comfortable doing whatever they want medically to a pregnant woman and then justifying it because baby and mom survived. Women are people with full rights to informed consent regardless of their pregnancy status.
I am truly sorry this happened to you. I’m glad to hear you had a successful delivery.
Call the medical board and the DA. What he did is battery. If the DA wants to investigate they’ll test the powder- takes the expense off you.
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I would get the records from the hospital that monitored you after you found the pill. Make sure everything was properly documented from that visit. Also see if dr t made any record of his visit or if any nurses did. Go to the police station to file a report someone inserted something into you without your knowledge much less informed consent plus you and your unborn child were exposed to an unknown drug without your knowledge or informed consent. I would also check your insurance explanation of benefits and/or bills and dispute any and all charges from that doctor and the follow up care it required.
Finally I would keep looking around for a lawyer. Medical malpractice might be a good place to start. Tell them what happened and see what they recommend or if they have any other attorney recommendations. This honestly sounds more like an assault. Inserting something into you without your knowledge and consent while also exposing you and unborn child to an unknown drug is incredibly scary.
I would also request your medical records from Dr T in writing. Look into your states requirements for doctors providing your personal medical records. Do it in writing email or certified mail so you have a written record. I’m guess he didn’t document what drug he administered and what he did to you which would be a problem for him.
A complaint to the state medical board would also be appropriate.
Contact a lawyer, then the police. Then delete this post. This is a crime.
Sounds like some Forensic Files shit!!!
Ask for the nurse, charge nurse, and any other licensed staff who were present during this conservation to document a note, or chart update, that outlines this encounter (only the facts, possibly using quotes).
Sign up for the app associated with the EMR they are using and take screen shots of those notes along with Dr. T’s clinic note from that afternoon. Save these. Include this information when you report him to the board. Consult with a malpractice attorney, who may also recommend filing a police report.
There was a [doctor in Toronto](https://torontolife.com/city/greed-betrayal-medical-misconduct-north-york-general/)who was doing this. He could bill more for weekend deliveries so he set them up like this. At minimum, report this to the hospital and the licensing body. Here it would be the college of physicians and surgeons I’m not sure what your local equivalent is. I’m so happy you and baby are okay after that, what a nightmare! Government agencies and regulating bodies is where you can file a complaint that will affect his ability to practice medicine. Also, you could try the hospital’s patient advocate to see if they can give you the links/numbers to who you need. Good luck!!
Holy shit
I’m sorry this happened to you OP
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After reading this, his actions speak volumes. I am pretty sure many people have said contact the medical board of your state and he’ll have nice ding on his license that will most undoubtedly be public. It’s all about letting his patients and future patients know that he F’d up and needs to pay the piper. If he offers you any amount of money to keep quiet just politely say decline.
Commenting as a medical student, not sure what the medication was but don’t take the advice of people on reddit about what it was/wasn’t, the only way to find that out is to speak to a qualified OB doc, this might help give you more details to tell a lawyer
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No paragraphs, unreadable.