Am I a victim of malpractice/ could I start a lawsuit for this...(please help)?

by **eorl** » Sat Apr 02, 2011 8:13 am

i am 16 years old and a few months ago i was in the hospital and in the emergency room i had given a urine test as well as a blood test. i had recently smoked pot and knew i had some in my system, in private some of the doctors assistants had asked if it was okay for my parents to know, and i never gave them any consent to, i clearly said no. however the next day a different nurse decided to tell my parents hat there was marijuana in my system, even after i had told them they did not have my consent to do so. this ended up ruining my relationship with my parents and causing me a great deal of emotional trauma. on top of that the overseeing doctor claimed to my parents that he had seen me and spoken to me, although he was blatantly lying because i had never seen him before. PLEASE HELP ME.

i need to know. i haven't smoked weed since, and don't tell me i shouldn't have smoked in the first place, i get it. but does anyone know anything about this? if you need more details let me know. thank you all so much.

by **tanishia** » Sat Apr 02, 2011 8:16 am

Until you turn 18, you do not have the right to own property, you cannot sign a legally binding contract, any money that you earn legally belongs to your parents, among other things.

As far as medical treatment goes, your parents have a right to make all medical treatment decisions for you, and decide what medical treatment you will receive. They can choose your doctors and surgeons.

And they have an absolute right to know all medical information relating to you. They have a legal right to access your medical records. As a matter of fact, they have the right to receive your medical information and withhold that same information from you. If you were diagnosed with cancer, for example, your parents could request that you not be told of this.

The only exception is psychologists and psychiatrists, who are bound to keep what you tell them confidential.

Short answer: No, you have no case for malpractice.

But it gets better: even if you *did* have a case for malpractice, a child (under 18) cannot file a lawsuit on their own. Your parents would have to sue on your behalf. You are a MINOR....a child in the eyes of the law.

EDIT: *P.S.* -- The additional information you provided probably does not change things. Even though you were in the emergency room for psychiatric reasons, the fact is that a medical blood and urine test were done. When a person is in an emergency room for psychiatric reasons, it is normal practice to check their system for all common psychoactive drugs which might be causing a negative reaction. Once that test was done, your parents had a right to know that information. It is simply not malpractice for medical information to be disclosed to parents or immediate family members.

It was a violation of professional custom (and possibly hospital procedure) for a nurse to disclose information about you to your parents when the attending physician had decided not to tell them, although it is possible that the nurse was not aware of the decision by the attending physician to keep this information confidential. Nevertheless, this is a matter between the doctor and the nursing staff. There was no violation of law, and no grounds upon which you could bring a suit.

The only remaining issue is the doctor claiming to have spoken to you when he in fact did not. This is bad medical practice, but it probably is not malpractice. It only becomes malpractice if you suffered a definite physical injury as a result of the doctor's actions, for which a jury can calculate a specific dollar value (in most states, any claims of emotional distress must flow from a proven physical injury in cases of medical malpractice). While claiming to have spoken to somebody when you have not is certainly unprofessional, and not behavior befitting a doctor, it is probably not a legal malpractice issue.

by **modraed** » Sat Apr 02, 2011 8:25 am

The key to this is that you are or were 16 at the time. Not an adult. Even if it wasn't necessary for any hospital to disclose the information to your parents, all they have to say is that you were a minor. And they felt it was moral and medical obligation to inform your parents. It's hard to swallow, but that's the way it is. If you were 18, that would have been another story altogether. Good Luck.

by **dasco** » Sat Apr 02, 2011 8:36 am

As a minor you can't sue anyone,can't consent or refuse any treatment and have no right to privacy from your parents. The medical staff have a duty to tell your parents if you are doing something that could harm you.

by **jen** » Sat Apr 02, 2011 8:43 am

Any malpractice lawsuit would need to be initiated by your parents, as minors can't file lawsuits. And this isn't malpractice, but a privacy violation under the HIPAA laws, but still not actionable because parents are exempt from these privacy rules if you're a minor.

by **ern** » Sat Apr 02, 2011 8:49 am

Sorry, you are a minor, your parents have the legal right to know all your medical issues.

Even if they didn't, you as a minor can't sue anyone, your legal guardians (your parents) must do it on your behalf.

by **jorian23** » Sat Apr 02, 2011 8:51 am

nope
your a minor for one thing

and as a minor you have no rights and cant give consent

by **vemados** » Sat Apr 02, 2011 8:56 am

You can't give legal consent until you're of legal age (which you're not).

Your reputation was ruined by your own actions. It wasn't ruined by anything the doctors said, either by malice or by anything false. You have nothing to sue about. This is your own fault. What did you expect, that you could smoke weed and not face the consequences? Grow up. Take responsibility for your actions.

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