Full question:
<p>I let a friend stay with me for a short time. Then we got into a argument and I told him to leave. He began to threaten me. I told him to leave again. I had a recorder with me and recorded him the second time he threatond me. I told him to leave and indicated I had a gun at hand. He left. Then he called the cops and told them a pack of lies. He told them I had been suicidal and threatening him. The police took me in hand cuffs for a mental evaluation. The hospital told me to cooperate or I would not be let out. They forced me to take medication I did not ask for and performed tests I did not need. The entire evaluation was based on my ex-friends lies. They tried to force me to take an addictive medication. I signed no papers and authorized no shots, yet I was still forced to take them. Then after treatment the drug they gave me had serious withdrawal effects. That was last year. Recently, I requested an itemization on the $2000.00 they say I owe them. Not only do I feal I should not have to pay this but I feel like my rights have been violated. I read something about the 14th ammendment.</p> <p> Do I have a basis for a malpractice suit or other legal actions to resolve this dept and get it off my background check? The entire ordeal caused more mental anguish and jeprodized my college education. Do doctors have the right to force a person to take treatment they did not ask for, retain them and threaten to hold them for an indefinate period of time if they did not take medication such as Ethanol, and Thyroid stimulating Hormones?
- Category: Civil Actions
- Subcategory: Medical Malpractice
- Date:
- State: National
Answer:
In Oregon, police can take someone into custody for a mental health evaluation if they believe that person poses a danger to themselves or others. This decision is based on probable cause, which is a subjective determination made by the court considering all relevant facts (Fla. Stat. § 775.21). Probable cause requires more than mere suspicion; there must be some evidence to support it.
Once admitted, hospital staff can provide treatment, including medications, based on professional standards. To succeed in a medical malpractice claim, you would need to demonstrate that the medical professionals failed to follow proper diagnosis and treatment methods. This typically involves reviewing medical records and may require expert testimony.
Hospitals can charge for treatment provided to involuntarily committed patients, similar to any other patient. I recommend consulting a local attorney who can evaluate your medical records and the specific circumstances of your case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.