Assault in ER waiting room by another patient

[fwillis]

As my husband and I were waiting for my Mother to be discharged from an emergency room, my husband was assaulted by a patient in the ER waiting room. My husband received post exposure testing and X-ray for his injury but the hospital will not return my calls about any charges they may do to my insurance. Should I at this point get a lawyer to deal with them? My husband will have to undergo post exposure testing because of scratches he received while being exposed to this guy's blood!

 

[mightymoose]

Were the police involved?

If you keep on top of the hospital administration they will probably pay the costs of any treatment since it happened in their waiting room. They know that if they refuse, and if you pursue legal actions, they will end up paying more for a legal defense than if they had just taken care of the problem to begin with.

However, the costs of any expenses you incur really belong with the person that assaulted your husband... which is why you should have a police report... or very minimally an incident report from the hospital. If you end up paying any money at all, file a suit against the person that attacked him.

 

[fwillis]

Report

There was a report done by the Sheriff's Department. Many Thanks

 

[jharris352]

I don't know that the hospital is responsible for the attack.

 

[mightymoose]

The hospital isn't responsible... but since the costs of the treatment received are probably very low, they might just eat it rather than get into a big mess over it.

The proper way to go is through the court to make the attacker pay, and with the police report they will have all the information they need to pursue him and leave the hospital alone.

 

[army judge]

The alleged attacker could very well be indigent or mentally incompetent. Was the alleged attacker in police custody? How old was the alleged miscreant? Speaking to the hospital administration would be helpful at this pony.


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[fwillis]

The "alleged attacker" was not in police custody. He was brought in by his X-wife, who had an altercation with him in front of the security officers as they were entering the er. For some reason, they did not notify clinical personnel that there was a live wire in the waiting room. Having been in Emergency Management / Homeland Security / Risk Management (and prior military) for almost 20 years, I see part of the responsibility would be on the "Alleged attacker", but most on the hospital where their patient right ensure a "safe" environment for its patients and guess.

I do believe that he does have mental issues, and had had several encounters with local law enforcement earlier in the day...who chose not to deal with him. He is about 55 years old.

 

[mightymoose]

No... Most, if not all of the responsibility lies with the person that attacked him, not the hospital.
If he has mental issues then whoever is legally responsible for him would pay your damages.
You still might get the hospital to absorb whatever cost there was, especially if it was a small amount. It's easier for them to pay up than to deal with petty legal problems.