Husband was food poisoned, what are my options?

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Dear GAF:
Please don't do anything stupid. I've lurked long enough to know that GAF can be an evil mistress when one of her cubs has been injured. There has been some good (legal) advice that you can partake in. Please do that. Don't do anything that could get you arrested
and banned
 
SnakeswithLasers said:
Don't be a bunch of assholes and spam bad reviews. If she had a bad experience, she can leave a bad review; but lynching some place none of you have ever been to because of a story you read on your internet machine is silly.
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I had no intention of spamming bad reviews. I was pointing to the OP to post her experience there.

I said it in quite a number of posts before that one.
 
read this as "Husband was found poisoned, what are my options?" like you were worried you'd get accused for murder.


hope he gets better
 
NintendoGal said:
He had all of these symptoms while we pulled him out of the bathroom for the paramedics (911).
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Right, and you said you went to the ED with him. What did the ED do for him? Did he see a doc? What did the doc tell you he had?
 
shintoki said:
First off... A Web diagnosis. :lol

There isn't anything else that needs to be said. You are not a medical professional, nor have you contacted one it seems, and your entire claim is based off some symptoms from the web that told you he had whatever. You don't have any sort of legal case unless you wish to spend money. And more or less, the time has already passed.

About the only thing you can do is put them into an uncomfortable position and hope something comes from it.
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Thanks for laughing at me when I was doing what I could when I felt helpless during the situation. Appreciate it! I never said once I was going to go to court and say that was exactly what it was. I was merely pointing to a possibility because the symptoms all seemed to fit. Excuse the fuck out of me. >:(

As for the ER confirming anything, hell no. They didn't even want to do shit at 5am. Hell, they put him right next to where they were putting up a dry wall when there were other empty places available. So when they gave him morphine and such, he couldn't pass out because of all the loud banging. They refused to do a stool sample test when we requested it too because they were light on staff it seemed, who knows why they actually refused. They kept running around when there weren't any patients that we could see in the area.

Thanks to all who are actually understanding of the situation and are giving advice. I really do appreciate it. Going to see what his employer has to say about the situation and maybe get a lawyer consultation via work. I guess they provide that to him from what he was saying.
 
NintendoGal said:
Thanks for laughing at me when I was doing what I could when I felt helpless during the situation. Appreciate it! I never said once I was going to go to court and say that was exactly what it was. I was merely pointing to a possibility because the symptoms all seemed to fit. Excuse the fuck out of me. >:(

As for the ER confirming anything, hell no. They didn't even want to do shit at 5am. Hell, they put him right next to where they were putting up a dry wall when there were other empty places available. So when they gave him morphine and such, he couldn't pass out because of all the loud banging. They refused to do a stool sample test when we requested it too because they were light on staff it seemed, who knows why they actually refused. They kept running around when there weren't any patients that we could see in the area.

Thanks to all who are actually understanding of the situation and are giving advice. I really do appreciate it. Going to see what his employer has to say about the situation and maybe get a lawyer consultation via work. I guess they provide that to him from what he was saying.
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Don't get too upset, those remarks are inevitable here :lol (You even said you knew that when you posted :P At least you actually took certain actions before consulting GAF!) Sucks that the ER wasn't very helpful, but if you can verify the symptoms, time that you ate, and time that you entered the E.R. that would sound convincing. I doubt you can do much other than have a lawyer contact them and try to scare 'em. I'd expect that the most you can do in exacting vengeance is call the inspector and do what you can to make your situation public in the local area if you are certain they were the cause.
 
NintendoGal said:
Thanks for laughing at me when I was doing what I could when I felt helpless during the situation. Appreciate it! I never said once I was going to go to court and say that was exactly what it was. I was merely pointing to a possibility because the symptoms all seemed to fit. Excuse the fuck out of me. >:(

As for the ER confirming anything, hell no. They didn't even want to do shit at 5am. Hell, they put him right next to where they were putting up a dry wall when there were other empty places available. So when they gave him morphine and such, he couldn't pass out because of all the loud banging. They refused to do a stool sample test when we requested it too because they were light on staff it seemed, who knows why they actually refused. They kept running around when there weren't any patients that we could see in the area.

Thanks to all who are actually understanding of the situation and are giving advice. I really do appreciate it. Going to see what his employer has to say about the situation and maybe get a lawyer consultation via work. I guess they provide that to him from what he was saying.
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Wait, hold on a sec. They just gave your husband morphine and refused to do a stool sample? What kind of sick hospital is this? Did they give him a saline drip at least?
 
NintendoGal said:
Thanks for laughing at me when I was doing what I could when I felt helpless during the situation. Appreciate it! I never said once I was going to go to court and say that was exactly what it was. I was merely pointing to a possibility because the symptoms all seemed to fit. Excuse the fuck out of me. >:(

As for the ER confirming anything, hell no. They didn't even want to do shit at 5am. Hell, they put him right next to where they were putting up a dry wall when there were other empty places available. So when they gave him morphine and such, he couldn't pass out because of all the loud banging. They refused to do a stool sample test when we requested it too because they were light on staff it seemed, who knows why they actually refused. They kept running around when there weren't any patients that we could see in the area.

Thanks to all who are actually understanding of the situation and are giving advice. I really do appreciate it. Going to see what his employer has to say about the situation and maybe get a lawyer consultation via work. I guess they provide that to him from what he was saying.
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Sorry this happened to your husband. I have to agree with what others here are saying. It's almost impossible to prove where the food poisoning occurred. It may have even been the night before as the incubation period varies widely with the different kinds of organisms usually responsible. And your husband went through a few hours of discomfort without any permanent damage or disability.

The lawyer fees are going to be vastly more expensive than the $150-200 you are trying to regain. This isn't really a joke, but I've heard of E.Coli (resulting in gastroenteritis) poisoning from unclean anal play in some couples... just sayin.
 
You don't have anything without a diagnosis. But if you lawyer up, he'll probably tell you that.

No offense but it seems so weird that people nowadays just automatically go for the lawyer.
 
SRG01 said:
Wait, hold on a sec. They just gave your husband morphine and refused to do a stool sample? What kind of sick hospital is this? Did they give him a saline drip at least?
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They did give him a drip, two to be exact, but the second one they almost forgot to give before discharging him. Oh and his blood pressure kept going up around 150/something then 100, then dropping to 120/something 80. Just randomly. Not sure if that means anything but since my blood pressure doesn't do that I found that alarming as well when we were there. :/
 
Arment said:
You don't have anything without a diagnosis. But if you lawyer up, he'll probably tell you that.

No offense but it seems so weird that people nowadays just automatically go for the lawyer.
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Right I mean if he suffered some sort of permanent damage or disability I can see that. But all that happened was a few hours of discomfort and more evidence to that point by looking at what the ED did for him (effectively nothing and he recovered).
 
NintendoGal said:
Thanks for laughing at me when I was doing what I could when I felt helpless during the situation. Appreciate it! I never said once I was going to go to court and say that was exactly what it was. I was merely pointing to a possibility because the symptoms all seemed to fit. Excuse the fuck out of me. >:(

As for the ER confirming anything, hell no. They didn't even want to do shit at 5am. Hell, they put him right next to where they were putting up a dry wall when there were other empty places available. So when they gave him morphine and such, he couldn't pass out because of all the loud banging. They refused to do a stool sample test when we requested it too because they were light on staff it seemed, who knows why they actually refused. They kept running around when there weren't any patients that we could see in the area.

Thanks to all who are actually understanding of the situation and are giving advice. I really do appreciate it. Going to see what his employer has to say about the situation and maybe get a lawyer consultation via work. I guess they provide that to him from what he was saying.
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Can you confirm what the ER did? Get documentation saying that they refused to do standard tests that are normally procedure when it comes to food poisoning. This isn't normally something that they take lightly. Also, no banging in the world would have stopped your husband from passing out if he had morphine. You have to understand that your bill would have been significantly higher if they actually did all the tests that you were requesting. These sorts of accusations are something that the hospitals lawyers don't take lightly. Note: I don't think you are making this up, but you have to be absolutely sure about everything that happened.
 
It can take a couple of days for food poisoning to set in. If nobody else from the restaurant gets sick and complains, don't expect them to take responsibility for it. I imagine that even offering to pay the hospital bill would make them liable for lawsuits.
 
I got food poisoning from Panda Express a few years back. Sounds pretty similar to what you were describing, but not botulism.

My body was just getting rid of everything out of both ends, major fever, some hallucinating and I thought I was going to die, like I wasn't going to make it through the night.

I haven't eaten at Panda Express since. I think that's pretty much the best you can do. I'd definitely do the negative reviews on Yelp and all that good stuff, and call up the health inspector, but getting your money out of them is going to be about as messy as what your husband went through!
 
RiccochetJ said:
Can you confirm what the ER did? Get documentation saying that they refused to do standard tests that are normally procedure when it comes to food poisoning. This isn't normally something that they take lightly. Also, no banging in the world would have stopped your husband from passing out if he had morphine. You have to understand that your bill would have been significantly higher if they actually did all the tests that you were requesting. These sorts of accusations are something that the hospitals lawyers don't take lightly. Note: I don't think you are making this up, but you have to be absolutely sure about everything that happened.
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Usually there aren't "standard" tests for garden variety gastroenteritis in the ED. They will usually test for fecal parasites for longer duration symptoms and/or weight gain/loss over a period of time which can stem from a malabsorption illness.

edit: I looked up some GI tests and these labs cost about $200, that's for the lab itself, I'm sure the hospital would add about $400 in collection costs, doctors fees for interpreting the test, etc...
 
It sounds like you are jumping to serious conclusions with flimsy circumstantial evidence. You say that you diagnosed it as botulism after 'looking it up'. Do you have any medical training? If it is botulism it won't be cured simply with morphine. Why do you assume it is food poisoning and not an acute food allergy that your husband was unaware of? If it was really food poisoning, shouldn't other diners have become sick? Don't you think that you should have some sort of reasonable evidence before talking about suing and defaming this restaurant on the Internet? How would you feel if someone was doing the same to you without evidence?
 
NintendoGal said:
Thanks for laughing at me when I was doing what I could when I felt helpless during the situation. Appreciate it! I never said once I was going to go to court and say that was exactly what it was. I was merely pointing to a possibility because the symptoms all seemed to fit. Excuse the fuck out of me. >:(

As for the ER confirming anything, hell no. They didn't even want to do shit at 5am. Hell, they put him right next to where they were putting up a dry wall when there were other empty places available. So when they gave him morphine and such, he couldn't pass out because of all the loud banging. They refused to do a stool sample test when we requested it too because they were light on staff it seemed, who knows why they actually refused. They kept running around when there weren't any patients that we could see in the area.

Thanks to all who are actually understanding of the situation and are giving advice. I really do appreciate it. Going to see what his employer has to say about the situation and maybe get a lawyer consultation via work. I guess they provide that to him from what he was saying.
Click to expand...
You really should just drop this issue. Trust me. I'm not really clear what you are expecting to happen with your complaint, but you are going to lose far more than $100-200 if you pursue this.
 
RiccochetJ said:
Can you confirm what the ER did? Get documentation saying that they refused to do standard tests that are normally procedure when it comes to food poisoning. This isn't normally something that they take lightly. Also, no banging in the world would have stopped your husband from passing out if he had morphine. You have to understand that your bill would have been significantly higher if they actually did all the tests that you were requesting. These sorts of accusations are something that the hospitals lawyers don't take lightly. Note: I don't think you are making this up, but you have to be absolutely sure about everything that happened.
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They took some blood, but they seemed to want to get him out of there ASAP. I don't know why they were in such a rush. To me it felt like they were pumping him full of drugs then booting him out the door, which was odd because there really wasn't anyone else there.

I'm fairly certain they didn't do the stool sample because I asked about it and they were like no we don't need to do that.

And as for trying to get the money back, again it's not about that, it's about making these people man up and change their ways. From their past history it's clear that hygiene wasn't top priority. I wish I had Gordon Ramsay breathing down their throats right around now. Should've known when the restaurant wasn't as clean as it could be (dirty windows etc). Sigh.
 
tokkun said:
It sounds like you are jumping to serious conclusions with flimsy circumstantial evidence. You say that you diagnosed it as botulism after 'looking it up'. Do you have any medical training? If it is botulism it won't be cured simply with morphine. Why do you assume it is food poisoning and not an acute food allergy that your husband was unaware of? If it was really food poisoning, shouldn't other diners have become sick? Don't you think that you should have some sort of reasonable evidence before talking about suing and defaming this restaurant on the Internet? How would you feel if someone was doing the same to you without evidence?
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I might be, but that's what I have since the ER failed to do a culture. Assumptions are not legally going to get me anywhere and once again I never once claimed that. I was simply doing some research of my own and looked it up and that was the result. Please read the posts previous to yours for more on what I'm expecting.
 
RiccochetJ said:
Can you confirm what the ER did? Get documentation saying that they refused to do standard tests that are normally procedure when it comes to food poisoning. This isn't normally something that they take lightly. Also, no banging in the world would have stopped your husband from passing out if he had morphine. You have to understand that your bill would have been significantly higher if they actually did all the tests that you were requesting. These sorts of accusations are something that the hospitals lawyers don't take lightly. Note: I don't think you are making this up, but you have to be absolutely sure about everything that happened.
Click to expand...
I've had morphine in an ER and it didn't make me pass out.
 
Solideliquid said:
Usually there aren't "standard" tests for garden variety gastroenteritis in the ED. They will usually test for fecal parasites for longer duration symptoms and/or weight gain/loss over a period of time which can stem from a malabsorption illness.

edit: I looked up some GI tests and these labs cost about $200, that's for the lab itself, I'm sure the hospital would add about $400 in collection costs, doctors fees for interpreting the test, etc...
Click to expand...
You're assuming that the immediate diagnosis is gastro and with the even if it was, they won't test for just that.

Double vision/pale skin - You know that can also mean stroke. Did they test for that? What if they were wrong? A single diagnosis is not in the vocabulary of any hospital I know that wants to cover their ass.

Apparently from the OP's remarks they didn't take a stool sample. Was there blood in there? What if there was? How can they rule that out without checking (especially when the wife is requesting it!?)

Now don't get me wrong; I'm against tests that don't make any sense, but in this case, there seemed to be a case of workers about to end their shift and there was a distinct case of lethargy setting in. And it affected the care that the OP's husband should have received.
 
RiccochetJ said:
Are you sure it was morphine or did they just tell you it was? ;)
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haha, guess I can't be sure; but I'm pretty sure. It was right after a surgery and my meds weren't working. So they poked it into my arm, and it burned. Then it made me feel warm. Didn't do much but dull the pain for a few hours--which was great I guess. But I certainly wasn't sleepy.

Worst week of my life.
 
RiccochetJ said:
You're assuming that the immediate diagnosis is gastro and with the even if it was, they won't test for just that.

Double vision/pale skin - You know that can also mean stroke. Did they test for that? What if they were wrong? A single diagnosis is not in the vocabulary of any hospital I know that wants to cover their ass.

Apparently from the OP's remarks they didn't take a stool sample. Was there blood in there? What if there was? How can they rule that out without checking (especially when the wife is requesting it!?)

Now don't get me wrong; I'm against tests that don't make any sense, but in this case, there seemed to be a case of workers about to end their shift and there was a distinct case of lethargy setting in. And it affected the care that the OP's husband should have received.
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Oh they also decided to give him oxygen when he basically was begging for it since he was having a difficult time breathing. Even when he was hooked up with it, he was having difficulty breathing.

Yeah, the ER they took him to I hate, they never do tests for anything unless it's mandatory. An example I have from last week's visit to the ER, my dad went in because his aneurysm. The first doctor said it could wait and that he was just constipated. The next doctor said he needed to be flown to Harborview because it had burst and he needed to get surgery ASAP. I love that hospital so damn much. >:(
 
RiccochetJ said:
You're assuming that the immediate diagnosis is gastro and with the even if it was, they won't test for just that.

Double vision/pale skin - You know that can also mean stroke. Did they test for that? What if they were wrong? A single diagnosis is not in the vocabulary of any hospital I know that wants to cover their ass.

Apparently from the OP's remarks they didn't take a stool sample. Was there blood in there? What if there was? How can they rule that out without checking (especially when the wife is requesting it!?)

Now don't get me wrong; I'm against tests that don't make any sense, but in this case, there seemed to be a case of workers about to end their shift and there was a distinct case of lethargy setting in. And it affected the care that the OP's husband should have received.
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I'm not making any assumptions really. I wasn't there. Arm chair medicine is super fun.
 
If it's a restaurant chain, contact their corporate offices.

If it's not, hit up Yelp and every internet review database you can find on restaurants in the area. Just write how your husband got food poisoning from there. If you cost them even 2 couples meals' then you've already exacted revenge for the amount equal to what you want them to pay.

Either way, don't expect them to pay up. They have insurance policies for that stuff and there's no way any lawyer on their end is going to let them admit guilt without rock hard evidence. To do so would get them ruined financially. And they'll just remind you that you can't prove that it was their food.
 
NintendoGal said:
They took some blood, but they seemed to want to get him out of there ASAP. I don't know why they were in such a rush. To me it felt like they were pumping him full of drugs then booting him out the door, which was odd because there really wasn't anyone else there.

I'm fairly certain they didn't do the stool sample because I asked about it and they were like no we don't need to do that.

And as for trying to get the money back, again it's not about that, it's about making these people man up and change their ways. From their past history it's clear that hygiene wasn't top priority. I wish I had Gordon Ramsay breathing down their throats right around now. Should've known when the restaurant wasn't as clean as it could be (dirty windows etc). Sigh.
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Did they keep you there while they tested the blood? Most (see: all) hospitals have a lab where they test that and they won't let you leave (well you can if you want unless they deem you a danger etc) until they get the results. Also if they took a stool sample, you most definitely will get a bill for that. They won't do anything without you getting some sort of bill detailing every lab/xray/blood sample etc for it. Like I said, you have to be absolutely sure about what happened. I apologize if this is forceful but lawyers can eat you alive if you are not rock solid in everything that happened.
 
RiccochetJ said:
Did they keep you there while they tested the blood? Most (see: all) hospitals have a lab where they test that and they won't let you leave (well you can if you want unless they deem you a danger etc) until they get the results. Also if they took a stool sample, you most definitely will get a bill for that. They won't do anything without you getting some sort of bill detailing every lab/xray/blood sample etc for it. Like I said, you have to be absolutely sure about what happened. I apologize if this is forceful but lawyers can eat you alive if you are not rock solid in everything that happened.
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Not true at all, my friend had appendicitis and he went to kaiser in southern CA where they took a blood sample and told him to go home. He got a call four hours later to come back to the hospital. An hour later he was in surgery.
 
RiccochetJ said:
Can you confirm what the ER did? Get documentation saying that they refused to do standard tests that are normally procedure when it comes to food poisoning. This isn't normally something that they take lightly. Also, no banging in the world would have stopped your husband from passing out if he had morphine. You have to understand that your bill would have been significantly higher if they actually did all the tests that you were requesting. These sorts of accusations are something that the hospitals lawyers don't take lightly. Note: I don't think you are making this up, but you have to be absolutely sure about everything that happened.
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... what basis do you have for making such a claim?
 
Picket the joint. Don't stand on their property but walk the sidewalk with a big sign they gave you food poisoning. Go on a busy night, and someone will settle quickly.
 
Solideliquid said:
Not true at all, my friend had appendicitis and he went to kaiser in southern CA where they took a blood sample and told him to go home. He got a call four hours later to come back to the hospital. An hour later he was in surgery.
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Ok. You seem to think that's ok. An appendix burst can be fatal. The fact that they sent him home was wrong. Either they are completely understaffed or incompetent.
 
Death Dealer said:
Picket the joint. Don't stand on their property but walk the sidewalk with a big sign they gave you food poisoning. Go on a busy night, and someone will settle quickly.
Click to expand...

Yeah except that could backfire. ;)
 
NintendoGal said:
I might be, but that's what I have since the ER failed to do a culture. Assumptions are not legally going to get me anywhere and once again I never once claimed that. I was simply doing some research of my own and looked it up and that was the result. Please read the posts previous to yours for more on what I'm expecting.
Click to expand...

It is unfortunate that the ER failed to do the culture, but just because you tried to gather evidence and were denied the ability to do so does not grant you the right to make baseless accusations.

And even if you don't care about what is fair to the restaurant, by jumping to a food poisoning conclusion without evidence you and your husband are doing a disservice to his health. His symptoms could have been caused by an allergic reaction or an undiagnosed illness. Isn't it worth exploring those avenues rather than immediately choosing the most convenient explanation? If the ER did not do a satisfactory battery of tests, then go back to your normal doctor and ask to have them done. Collect evidence and expert opinion first, then you can decide who you want to blame.
 
It may have been an allergy but it is highly unlikely that it was botulism or some sort of GI infection from that restaurant. Because of incubation periods it would take quite a long while for the effects to set it. I tell the same stuff to my friends that get food poisoning and then blame it on specific restaurants or foods. Unless other people got sick at around the same time and you can cross-reference a shared meal, there is really no knowing (without testing the food) whereupon the last 8-36 hours you managed to eat some microbes.

It's shitty what happened but $100 is nothing really. But by the sounds of it (read: no real diagnosis from the ER) you should get your husband checked out in a week or so at your GP to make sure everything is fine.
 
Death Dealer said:
Picket the joint. Don't stand on their property but walk the sidewalk with a big sign they gave you food poisoning. Go on a busy night, and someone will settle quickly.
Click to expand...

Yea... Libel is a bitch.
 
About a year ago my wife, daughter, and I ate at Gallagher's steak house at New York New York Vegas. It was an awesome meal! Steak, lobster, everything...

Anyways we walked out onto the strip after and about 15minutes later I was like Will Smith in that movie?? Don't remember the name...

Anyways it was a freaky experience. We made it back to the hotel and about the time my wife was going to cal 911, I started to come through and everything was fine. Never once thought about suing and would go back again.

Still though I wonder WTF happened?
 
RiccochetJ said:
Apparently not! I apologize. This sort of thing gets me riled up. I still stand on my position however.

Edit: I should ask... do you? O.o
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Nope. You can criticize the ED staff all you want, but you weren't there and you don't know what they had to deal with. There are lots of facets to patient care and if you aren't there at the time, not medically educated, why do you think you'd be qualified to criticize the decisions made?

Especially since you are getting all the info second hand on some internet board?
 
tokkun said:
It is unfortunate that the ER failed to do the culture, but just because you tried to gather evidence and were denied the ability to do so does not grant you the right to make baseless accusations.

And even if you don't care about what is fair to the restaurant, by jumping to a food poisoning conclusion without evidence you and your husband are doing a disservice to his health. His symptoms could have been caused by an allergic reaction or an undiagnosed illness. Isn't it worth exploring those avenues rather than immediately choosing the most convenient explanation? If the ER did not do a satisfactory battery of tests, then go back to your normal doctor and ask to have them done. Collect evidence and expert opinion first, then you can decide who you want to blame.
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I think the evidence is clear from their past history of inspections. If that doesn't raise red flags and get them to change their ways, then why can't I be a helping hand in that?

Thank you for your thoughts, however I think you're completely wrong. It's not baseless since I did speak with doctors and asked their thoughts along with the folks who came up when I dialed 911. They all point to food poisoning and considering we eat at home every single night and decided to eat out to splurge instead of have me or my dad cook a meal and I did not get sick, that isn't baseless. I eat everything he eats everyday without fail except when we went to this restaurant.

Now, that could be counted as speculation, but it's a solid fact that that's what has been consumed. Homemade food that I myself have eaten and have not got sick from for the last week before we went out. The only thing different was the restaurant.
 
Confess

But seriously, I don't think there is much you can do. Make sign saying "I got food poisoning from this restaurant and they refuse to pay a $100 medical bill" and stand in front of restaurant. They'll probably pay you quickly then.

Wait a minute . . . do you have a receipt from the restaurant and a bill from the hospital? Show them those two. If they don't pay, so you are going to get a personal injury lawyer to recover lost wages.
 
Adam Blade said:
Looks like my question is still unanswered.
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I was getting to you. And yes I have. I broke my arm and the cheaper alternative was to fix my arm while awake. After the fact I was given morphine and I was out like a light and I was sharing a room with a kid who could hit octave's that you couldn't even imagine.

Now that was my own personal experience and I can't speak for everyone. However, considering adrenaline etc can in fact keep someone conscious if they are hell bent on doing so. I should know better than to make declarative statements on GAF.
 
unless they actually culture something, it's pretty difficult to prove exactly what bug caused his food poisoning. also the timing for onset of symptoms for things that cause food poisoning is pretty variable, so it's usually pretty difficult to say what food caused the poisoning too, and unless there is a large group of people who all ate the same thing reporting the same symptoms it'll be too hard to prove that the food from the restaurant even gave him the poisoning.

also probably all of those symptoms were probably secondary to the dehydration because of vomiting/diarrhea. they aren't specific at all for botulism or really anything
 
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