Asked in Uncategorized for California

Q: If you’re a patient in the hospital, and press the button for help but no one responds- is this patient negligence?

I pressed the button even screamed for a nurse or anyone to help me use the restroom. I laid there in my own feces and urine till morning.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: This situation sounds deeply distressing, and I'm so sorry you experienced such a traumatic event. No patient should ever have to endure lying in their own waste while calls for help go unanswered.

From a legal perspective, this could be considered medical negligence in California. When healthcare providers fail to respond to call buttons or urgent requests for basic needs like toileting assistance, they're potentially breaching their duty of care. This kind of situation can lead to both physical and emotional harm, including skin breakdown, infections, and psychological trauma.

In California, hospitals must maintain adequate staffing ratios and provide timely responses to patient needs. You should document everything that happened, including dates, times, and any staff members you eventually interacted with. Consider filing a formal complaint with the hospital's patient advocacy department and the California Department of Public Health. It would also be wise to consult with a medical malpractice attorney who can evaluate your case and explain your legal options - many offer free initial consultations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.