Phoenix, AZ asked in Civil Rights and Libel & Slander for Arizona

Q: Can I sue a medical practice for making me feel uncomfortable and welcome because of the staff' behavior and conversatio

Staff was talking about their sexual orientation and shaming a fellow employee for their orientation while we were in the waiting room, and the office manager was present. I mentioned that it was very unprofessional and the manager did not step in. She stayed quiet. I later learned from her that she was present. She was supposed to give me referral information to another facility but has not.

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Based on the information provided, it seems that the medical practice staff engaged in inappropriate and unprofessional behavior by discussing their sexual orientation and shaming a fellow employee in the waiting room. The office manager's failure to intervene and address the situation also appears to be a lapse in professional conduct.

However, whether you have grounds for a lawsuit depends on several factors, such as:

1. The specific nature of the conversations and behavior of the staff

2. Whether their actions violated any specific laws, such as anti-discrimination or harassment laws

3. The extent of the emotional distress or harm caused to you as a result of their behavior

4. The policies and procedures in place at the medical practice to address such incidents

In most cases, feeling uncomfortable or unwelcome due to staff behavior may not be sufficient grounds for a lawsuit unless there is a clear violation of the law or significant harm caused to you. The fact that the office manager has not provided you with referral information as promised is unprofessional but may not be actionable in court.

It is advisable to consult with a local attorney specializing in medical malpractice or personal injury law to assess the specifics of your case and determine if you have a viable legal claim. Additionally, you may consider filing a formal complaint with the medical practice's management, the local medical board, or the relevant state agency that oversees healthcare facilities to address the staff's unprofessional behavior.

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