Some Legal advice please

[Nobody Special's wife]

I need some Legal Advice….


I’m going to try and not make this long-winded.
In October I had a tubule pregnancy. I was at school at the time when it happened.
My teacher called my husband; His boss told him that there was no one to replace him this was at 9:30 am. I was getting worse so my teacher then called the ambulance.
At 10 am I was at the hospital. The hospital called my husband again and his boss told him the same thing. By 11:30 am they were pumping blood in me. (I was slowly bleeding to death). They called my husband again at that time as well His Boss said the same thing again there was no one to replace him. By 12:30 I was getting more test. Plus some more drugs. They called him once more. At 1:30 PM they said as soon as he finishing up he can leave. By 2pm my husband got to me sign for me to get surgery and found out I lost another baby.

Now the thing is if it was one hour more I would have died. Is this a possible law suite?

To top it off the Manager that wouldn’t let him go. Was promoted to district manager.



So please if you can give me Advice on what I can do.

Thank you for you time
NSW

 

[honeylick]

hubby should have walked out if he knew it was that serious...

did the manager tell him you were on the slab losing blood? did the hospital insist he come right away to authorize for surgery?

were you conscious enough to sign the paper yourself?

lot's o'questions...

 

[Nobody Special's wife]

The Hubby didn't know how serious it was but , He was afraid of loseing his job as well . I couldn't sign the papers because I was just plan out of it ....

They tried to explain to his manager how bad it was but she paid no mine . But the thing is she could of done the job her self .


we plan on calling a lawyer but can't do that till the holiday is over . And I would like to get peoples opions on this

 

[honeylick]

im no lawyer... but i dont know if you can sue someone for being a cold heartless bitch

good luck tho

 

[Nobody Special's wife]

Well the thing is on the wall of my hubbys work .. there is a employee's rights.. and in one of those rights is the right to leave in an emergency.... So I kind of figured because the work and manager refused to give him that right . till that last minute I hoped we could do something about it

 

[Temptress_1960]

It seems to me that you'd have a case. Certainly the hospital is not gonna call his work on your behalf unless it's serious.

Another question is what type of work does your husband do? How urgent was it that he be there? I'm not talking about company policy, I mean what would the consequences be if he'd had to put up a "closed for now" sign?

Not consequences to him, but to the public. For instance, if he's the only fireman on duty, that's one thing... if he's an accountant or something, that would be different.

At the very least, you should call the human resources people where your husband works and discuss it with them.

 

[Nobody Special's wife]

He works at a fast food restraunt....


but then there were more then just him on the staff that day too .


Thank you all for your advice if I forget to mention it

 

[busybody..]

Honey, you are gonna OWN the joint!

And I would DISOWN that Hubby

If he doesnt have the sense to pick up and walk out to get to the hospital....he aint worth holding onto

Fast food burger flippers are a dime a dozen

 

[Guest]

Since I am not a lawyer...I can only suggest that you call a few around your area and discuss this with them. They will tell you if they think you have enough for a case.


Many lawyers will wait til the settlement for their fee, but I would think about this really hard before starting it. It could take a long time to settle it. Especially if its a chain restaraunt. And that could cost some serious money.

Emergencies are in the eye of the beholder...perhaps after hearing what the hospital had to say... she decided that it wasn't a life or death emergency and that if the situation got too bad...that they would go ahead without a signature. (which hospitals can do) And at the most...she would probably get a smack on the wrist.

*edited to say that I did not mean that it wasn't a life or death emergency.... only that this could be her way of thinking.... Thank you*

 

[Nobody Special's wife]

Busy body we have a son he can't afford to lose a job when we need to feed our selve and our child .

So I can only hope that we both learn from this .

 

[freakygirl]

Why does everyone think they should cash in on stupid things?

You didn't die.. (thank god, right?). He still has a job (thank god, right?)

*shrugs*

Honestly, I hope you don't have a case. If you do.. then it just proves that our justice system is failing bigger than I thought.

 

[Guest]

and then there is that job thing...

he could lose it and then you would have to rely on another form of income or support....and one employer can make finding another job elsewhere very hard.

 

[Nobody Special's wife]

You know it really doesn't matter if we choose to sue or not but its great that we can learn from what we find out with our rights

but thank you for you opion freakygulr

 

[Killswitch]

Really....the way you talked I thought he worked at a nuclear missle silo or something.
I'd sue your husband, before I sued the burger joint.
My wifes in the emergency room, I dont care if I was flying Air Force One....Im landing at the next airport or turnin that deal around and getting to her side.
Sorry about you losing a baby......(another baby), and you sound very young if you are still in school......
Before I called a lawyer, I would see a good gynocologist, or internist, and determine whether you need to quit getting pregnant for another thing.
3 hours for your husband to get to the hospital to authorize emergency surgery? Thats his fault not the employer, and I dont know if there was even anything they could have done to save the baby........sounds to me like the hospital had no balls either if it was a life and death situation they could have and most often do....go ahead with surgeries without consent.

 

[Guest]

My father sued Frigidaire for a faulty range that almost killed him with carbon monoxide poisoning. He had lots of proof...including the faulty range.

In the end.... Frigidaire only had to pay him a grand total of two thousand dollars. That was before the legal fees...and he fought for two years...

so don't automatically assume that its going to bring in the big bucks.

 

[freakygirl]

I can't see the hospital waiting so long to do surgery.

What kind of surgery did you have?

 

[Nobody Special's wife]

Thank you Killwitch

No not so young just makeing up goals that I couldn't do before ..

But the sad thing of it all my husband didn't know how bad it was till he got to the hospital.

I don't blame my husband at all he was working we have a son to raise and he comes first.

But in the end I made it so .. I recovery slowly I'm enemic for the most part but I'm good to go

 

[HeavyStick]

Re: Honey, you are gonna OWN the joint!

And I would DISOWN that Hubby

If he doesnt have the sense to pick up and walk out to get to the hospital....he aint worth holding onto

Fast food burger flippers are a dime a dozen

This isn't Ricki Lake.

Idiot.

 

[Nobody Special's wife]

Freaky gurl I had an etopic pregnacy basically they had to go in and cute out my right flopen tube because it was so damaged it was not repairable..

To top that off the sucked alot of blood out of me because i was bleeding and pumped 3 liters of blood back in me

 

[Killswitch]

Well I understand that your man is working hard at his job and it's honorable that he is fulfilling his responsability to you and your child, but for gods sakes, I dont care if Joey broke a fingernail.....she's in the ER and Im going I dont care what anyone says.
Plus....if he left his job to be by your side and got fired for it...THEN....you would have a suit....wrongful discharge.

 

[Morwen]

...

 

[JaymesBlond007]

NSW

I tend to speak out of my ass the majority of my time here, but I would truly like to know what you are feeling right now.

Are you OK? I mean, i'm not really getting a lot from you, emotionally, right now. You were obviously in a very traumatic situation, lost antother child, and recieved no support, and all i'm really validating is your concern on legal matters.

Why don't you tell someone how you feel about everything that has just happened to you. No, that wasn't a question. That was a statement. I feel like you have something greater to get off of your chest. (And I reiterate that I do speak out of my ass the the majority of my time here.)

There are many, many people here at Lit that would be generous enough to listen to what you have to say, and take time to give you some honest feed back.

Well, back to being a dork!

 

[Nobody Special's wife]

Jaymes

I really don't want to brand the story all over but at your request here it is

Well any how on Oct 3 2002 I left for school it was about 9 am and I started feeling really sick for some reason plus I was working on english still think that is why. I went up stairs to go to the bath room puked my guts up a little then just sat in the chair in the office figure if I was close to the bath room I would be ok.

Then all of the sudden a pain on my right side felt like I exploded
and I felt like I was going to past out my teacher came to search for me and call my husband then call a squad by then I was laying on the floor white as a ghost and I felt like I was going to die if I moved or sat up I just got dizzy so I stayed on my side.

The Emt's came and did an iv and took my blood pressure I guess when your blood pressure drops with in 10 minutes that isn't a good thing by thing some one was holding my head with a sack in front of me while I puked up my guts some more.

I guess some where in that time they put me in an ambulance don't rember much of the ride all I know is that I was busy puking had an oxygen mask on and off we went ,

got to the hospital swear that ever doctor crawled out for me and nurses out of know where came then all the sudden they where pumping blood in me . by this time they where call my husband at work for an hour. Something was terribly wrong and all I could think of is I want to go home and hold my son..

Another doctor came in and told me I was pregnant ... I knew right away what was wrong I have eptopic pregnacy and I only had a few hours left if I didn't get to surgery soon . by that time eric was there touching my head and they gave me morphin for pain and to make me forget what was happening . I had a ultra sound then got shiped off to surgery . Eric whispered in my ear as the took me there ~ you can't die on me ~

all i could think of as I feel asleep is I lost another baby..

I woke up with my mother in law sitting in a chair and my husband holding my hand and my doctor explaining what happen
groggly told him he will have to repeat him self in the morning .he had to many heads talking at once but in the end I found out that I lost my right flupen tube. they kept my right ovarie , and I remain humble

 

[JaymesBlond007]

What I was "requesting" was a clensing. I only felt that there night be something on your mind besides your legal options to sue the hospital. I was just concerned that you were not grieving in any way, and was only suggesting an outlet.

Nothing more, nothing less.

 

[PoliteSuccubus]

I'm sorry for your loss

I hope that you recover soon, and am glad you are going to school to complete your goals.

For the matter which you started this thread tho...

Before you go to a lawyer you will need some facts. Have you husband write down everything he said and was said to him, who else was working, the the customer flow at the time. Have the nurse or doctor who called his work write a statement of when they called and who they spoke to.

Have your husband copy the work schedule to show he wasn't the only one there at the time. If any of his fellow employees will write down that they over heard her telling him and his request and her refuseal ask them to.

When your husband writes his testimoney, and that's what it is, a legal document, have him include his fear of loseing his job which seems to be the only one holding your family together and if the manager downplayed the facts of your condition.

If, however, the doctor or nurse spoke to your husband directly and he desided not to go then your case is very weak.

The next time if something like this occurs have you husband say loudly to his manager: Let me see if I understand you correctly. It is (time) on the (date) and I have a family emergency and you (the managers name) are refuseing to let me go even though you have (other staff members names) to cover for me?

If the manager answers "No, you can't go" to this direct question, in front of witnesses esp, then you have a suit. If the manager tries to hem or haw around a direct answer repeat the question.

It's not "But we need you..blah blah question." It's a yes or no question.

If yes, you can go then the employee cannot get in trouble for leaving. If no, and it was a real emgerency and the employee leaves anyway or further harm comes due to the delay, you can have a suit.

Many of these suits are settled out of court. Safeway settled out of court for 35,000 when a woman hit her head in the bathroom. She did it on purpose, but going to court would have caused them much more than just paying her a flat sum.

I hope you heal quickly and well, and you and yours have a safe new years. See about getting your hubby some free vocational training, your family deserves a better life than Burger King can give you not to mention Medical Insurance.