• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Psychiatric MalPrac (as minor)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bb1909

Member
Pennsylvania

The quick pitch:
A bad game of telephone gone horribly wrong, but in the process [unknowingly] destroying a minor's life and reputation as an adult in domino effect.

Background:
As a child, I was put into the "care" of a psychiatrist after being really sad about my bf breaking up with me. Long story short, one weekend of commonplace pre-teen woes led to 5 years of unknown diagnoses, ultimately misdiagnosis (bipolar I), medication mismanagement (inappropriate dosing and what I deem as "lab rat trials" - they had me on over 10 different medications for varying diagnoses when they couldn't make up their mind), and ultimately a list of unfortunate events that occurred while in the hospital's care (sexual assault, by another patient, for one) for 5 years, as well as after-effects as an adult. I was involuntarily committed at one point "due to a history of bipolar disorder" which has been stuck to my record without my knowing (contributing to jobs and opportunities lost due to being considered 'mentally defective'), not to mention the sheer amount of admission on the hospital's behalf [they knew they misdiagnosed me for example] as seen in my records which I requested around one month ago. Additionally, the last doctor I saw (at 17 y/o) recommended to my parental guardian to look into social security for disability so that I could "live on my own".... for a problem they exacerbated, mind you.

Today:
It has been over 14 years since I have been on the main medication I now know as an adult I was wrongly prescribed, a medication that I am aware did a substantial amount of damage to me starting with re-diagnosis of adult ADHD. Thanks to this hospital (5 years of forcing me Rx drugs), these pills contributed to mental blurriness, confusion, and physical symptoms as well (such as internal bleeding). I am a quite normal adult (I do have ADHD and endometriosis), to the point that telling people this story is incomprehensible and accompanies weird looks; from the outside looking in you might even say I'm fairly accomplished. I moved from my home state to pursue a career in entertainment and that is what I do now, pretty successfully, and have been doing great ever since I got out of the grasp of this horrible hospital system and their overdosing me. I had no idea this was following me around until I recently became curious. The things I discovered are, at times, downright disgusting (especially for treatment of a child).

Result:
Ideally, I'd like to take the entire hospital system to court for cash settlement, as the longterm effect on me has resulted in need of continuing psychiatric support for ADHD which they caused (or at least very much exacerbated). Not to mention other hurdles I've had to overcome without even knowing the reason why. You'd think once you hit 18 years old, the hospitals and/or legal system would at least make you aware of such things so you know how to proceed in fixing, living with, or eliminating it.
In a worst case scenario, I would like to set the record straight and remove the horrid 'bipolar stigma' from my record as it absolutely is not who I am and feels truly slanderous to my reputation. I am not sure who is able to see my medical records aside of doctors, but I would at the very least, like my doctors to know the truth and proceed as such rather than going off old and incorrect information.
I would be happy to see the doctor that misdiagnosed me removed of his or her title, however, the tit-for-tat approach feels unjustified and a bit petty when it was not one doctor but a handful (including outpatient facilities) who are to blame. This does stem from one doctor's misdiagnosis (negligence), but was never corrected and, as mentioned at the top, became a bad game of telephone dealing with MY LIFE.

What I am doing now:
Currently, I am working with a 2A attorney to restore my basic rights as an American adult citizen. This will include a new prognosis from a qualified doctor and will go in front of a judge. I am wondering if this may help with pursuing a case against the hospital system. My question is, which type of attorney should I seek out? I have looked into general malpractice attorneys, but I feel this is an infringement on my civil liberties by way of a corrupted hospital system (in conjunction with the state) and should be in no way, shape or form connected legally. Secondly, this happened well over 15 years ago and I was not informed at any point that this would carry into adulthood. I'm certain this has kept me from joining the military and/or seeking out specific jobs. Malpractice attorneys I've spoken with seem terrified to go up against this hospital system, and because it is 'invisible' they probably rule it out as a loss. What would a fair approach be in my case, and where to start? Should I go after the state for allowing this to happen (my civil liberties are on the line, and thus my entire livelihood that I have worked so hard for)?
Side note: I was advised by one lawyer to consult with the hospital's "mediator" which seems like a non-solution (or one that may take years to get completed). Is this an appropriate course of action and will it get me anywhere?

Conclusion (for now):
Hospitals get away with horrific things every single day, and the only time they are brought to justice is when there is a markedly physical complaint (i.e. surgery). I feel, currently, that my case may be seen as "unimportant" or "invalid" despite the years of torment I've unknowingly endured because of this hospital and its doctors. I was sexually harassed, misdiagnosed/prescribed, misrepresented, and I continue running into problems in my adult life because of their negligence.

Please help
 


LdiJ

Senior Member
You should consult an attorney in the city and state where you were treated, but I am pretty sure that you are long past the any statute of limitations.
 

Zigner

Senior Member, Non-Attorney
One thing that stuck out to me is your attribution of missed job opportunities to your childhood hospitalizations, etc. How did these prospective employers know about your childhood hospitalizations, etc?
 

quincy

Senior Member
Pennsylvania

The quick pitch:
A bad game of telephone gone horribly wrong, but in the process [unknowingly] destroying a minor's life and reputation as an adult in domino effect.

Background:
As a child, I was put into the "care" of a psychiatrist after being really sad about my bf breaking up with me. Long story short, one weekend of commonplace pre-teen woes led to 5 years of unknown diagnoses, ultimately misdiagnosis (bipolar I), medication mismanagement (inappropriate dosing and what I deem as "lab rat trials" - they had me on over 10 different medications for varying diagnoses when they couldn't make up their mind), and ultimately a list of unfortunate events that occurred while in the hospital's care (sexual assault, by another patient, for one) for 5 years, as well as after-effects as an adult. I was involuntarily committed at one point "due to a history of bipolar disorder" which has been stuck to my record without my knowing (contributing to jobs and opportunities lost due to being considered 'mentally defective'), not to mention the sheer amount of admission on the hospital's behalf [they knew they misdiagnosed me for example] as seen in my records which I requested around one month ago. Additionally, the last doctor I saw (at 17 y/o) recommended to my parental guardian to look into social security for disability so that I could "live on my own".... for a problem they exacerbated, mind you.

Today:
It has been over 14 years since I have been on the main medication I now know as an adult I was wrongly prescribed, a medication that I am aware did a substantial amount of damage to me starting with re-diagnosis of adult ADHD. Thanks to this hospital (5 years of forcing me Rx drugs), these pills contributed to mental blurriness, confusion, and physical symptoms as well (such as internal bleeding). I am a quite normal adult (I do have ADHD and endometriosis), to the point that telling people this story is incomprehensible and accompanies weird looks; from the outside looking in you might even say I'm fairly accomplished. I moved from my home state to pursue a career in entertainment and that is what I do now, pretty successfully, and have been doing great ever since I got out of the grasp of this horrible hospital system and their overdosing me. I had no idea this was following me around until I recently became curious. The things I discovered are, at times, downright disgusting (especially for treatment of a child).

Result:
Ideally, I'd like to take the entire hospital system to court for cash settlement, as the longterm effect on me has resulted in need of continuing psychiatric support for ADHD which they caused (or at least very much exacerbated). Not to mention other hurdles I've had to overcome without even knowing the reason why. You'd think once you hit 18 years old, the hospitals and/or legal system would at least make you aware of such things so you know how to proceed in fixing, living with, or eliminating it.
In a worst case scenario, I would like to set the record straight and remove the horrid 'bipolar stigma' from my record as it absolutely is not who I am and feels truly slanderous to my reputation. I am not sure who is able to see my medical records aside of doctors, but I would at the very least, like my doctors to know the truth and proceed as such rather than going off old and incorrect information.
I would be happy to see the doctor that misdiagnosed me removed of his or her title, however, the tit-for-tat approach feels unjustified and a bit petty when it was not one doctor but a handful (including outpatient facilities) who are to blame. This does stem from one doctor's misdiagnosis (negligence), but was never corrected and, as mentioned at the top, became a bad game of telephone dealing with MY LIFE.

What I am doing now:
Currently, I am working with a 2A attorney to restore my basic rights as an American adult citizen. This will include a new prognosis from a qualified doctor and will go in front of a judge. I am wondering if this may help with pursuing a case against the hospital system. My question is, which type of attorney should I seek out? I have looked into general malpractice attorneys, but I feel this is an infringement on my civil liberties by way of a corrupted hospital system (in conjunction with the state) and should be in no way, shape or form connected legally. Secondly, this happened well over 15 years ago and I was not informed at any point that this would carry into adulthood. I'm certain this has kept me from joining the military and/or seeking out specific jobs. Malpractice attorneys I've spoken with seem terrified to go up against this hospital system, and because it is 'invisible' they probably rule it out as a loss. What would a fair approach be in my case, and where to start? Should I go after the state for allowing this to happen (my civil liberties are on the line, and thus my entire livelihood that I have worked so hard for)?
Side note: I was advised by one lawyer to consult with the hospital's "mediator" which seems like a non-solution (or one that may take years to get completed). Is this an appropriate course of action and will it get me anywhere?

Conclusion (for now):
Hospitals get away with horrific things every single day, and the only time they are brought to justice is when there is a markedly physical complaint (i.e. surgery). I feel, currently, that my case may be seen as "unimportant" or "invalid" despite the years of torment I've unknowingly endured because of this hospital and its doctors. I was sexually harassed, misdiagnosed/prescribed, misrepresented, and I continue running into problems in my adult life because of their negligence.

Please help
The attorney you are currently working with should be able to direct and advise you better than anyone on a forum can.

A correction to one comment you made: Malpractice attorneys would not be “terrified” to go up against any hospital system. Attorneys go up against far more formidable foes than that on a regular basis.

I suspect you are not able to interest an attorney because there is no legal action to pursue after all this time. Medical malpractice claims must be filed within two years from first discovery of the injury.
 

Zigner

Senior Member, Non-Attorney
I suspect you are not able to interest an attorney because there is no legal action to pursue after all this time. Medical malpractice claims must be filed within two years from first discovery of the injury.
In this case, it would be 2 years from the time that the minor became an adult (i.e. by the age of 20). This is just a point of clarification and doesn't change the fact that the OP is well beyond that point.
 

Zigner

Senior Member, Non-Attorney
bb1909: Are you currently in therapy to help you deal with your issues? I feel that you really have an obsession with holding someone, anyone, else accountable for the issues that are yours. You cannot heal until you can accept who you are and move forward.
 

quincy

Senior Member
In this case, it would be 2 years from the time that the minor became an adult (i.e. by the age of 20). This is just a point of clarification and doesn't change the fact that the OP is well beyond that point.
Yes. It appears that the time for filing a claim has well passed.
 

adjusterjack

Senior Member
will it get me anywhere?

I don't think any litigation will get you anywhere. As Zigner points out, there is a 2 year medical malpractice statute of limitations (the time limit for filing a lawsuit). For a minor the 2 years starts at the age of majority which is 18 in Pennsylvania. See the following statutes:

https://law.justia.com/codes/pennsylvania/2019/title-42/chapter-55/section-5524/

https://law.justia.com/codes/pennsylvania/2019/title-42/chapter-55/section-5533/

In some cases the SOL can be extended by the "Discovery Rule." Probably doesn't apply here but since you haven't given your present age you can read the explanation starting on Page 19 of the following 2018 decision of the PA Supreme Court.

https://cases.justia.com/pennsylvania/supreme-court/2018-44-map-2017.pdf?ts=1539785356
 

quincy

Senior Member
The two-year statute of limitations applies to product defect cases, as well, with the same “discovery rule” possible.
 

Zigner

Senior Member, Non-Attorney
As Zigner points out, there is a 2 year medical malpractice statute of limitations (the time limit for filing a lawsuit). For a minor the 2 years starts at the age of majority which is 18 in Pennsylvania.
Giving credit where credit is due...
Quincy pointed out the statute of limitations. I just clarified the point that the time starts to run from the time the minor becomes an adult.
 

bb1909

Member
bb1909: Are you currently in therapy to help you deal with your issues? I feel that you really have an obsession with holding someone, anyone, else accountable for the issues that are yours. You cannot heal until you can accept who you are and move forward.

No, and this feels like a trolling comment. But thanks for asking. I have a successful life and career and honestly forgot about most of this until my records were recently reviewed (as mentioned), I am rightfully very upset with the fact that something that happened to me as a minor (technically not in control of myself in the eyes of the federal government) was never dealt with. If I had seen the things I saw on my own report, for any child, I would be infuriated as well.

So, no therapy needed. Just intervention of the health"care" system, IMO.
 

bb1909

Member
The two-year statute of limitations applies to product defect cases, as well, with the same “discovery rule” possible.

This is unfortunate but true as I am finding, it seems to be similar across the board. I am wondering if there is a different type of attorney I can consult with rather than malpractice, which I mentioned in bold in the post. I went to MP first, hoping perhaps someone could share a similar experience or route. Thanks for your feedback.
 

bb1909

Member
I don't think any litigation will get you anywhere. As Zigner points out, there is a 2 year medical malpractice statute of limitations (the time limit for filing a lawsuit). For a minor the 2 years starts at the age of majority which is 18 in Pennsylvania. See the following statutes:

https://law.justia.com/codes/pennsylvania/2019/title-42/chapter-55/section-5524/

https://law.justia.com/codes/pennsylvania/2019/title-42/chapter-55/section-5533/

In some cases the SOL can be extended by the "Discovery Rule." Probably doesn't apply here but since you haven't given your present age you can read the explanation starting on Page 19 of the following 2018 decision of the PA Supreme Court.

https://cases.justia.com/pennsylvania/supreme-court/2018-44-map-2017.pdf?ts=1539785356

I will take a look at that now, thank you for sharing the info!
 

Zigner

Senior Member, Non-Attorney
Congratulations on your successes in life. As they say, a life well lived is the best revenge.

Best of luck to you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top