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:
I am prohibited from giving a legal opinion. In Oregon, a police
officer may take a person into custody and commit him to a hospital if
the officer has probable cause to believe the person is a danger to them
self or others and is in need of care for mental illness. What
constitutes probable cause is a matter of subjective determination for
the court, based on all the facts and circumstances involved. Probable
cause is a due process right under the 5th and 14th amendments to the
U.S. Constitution. and there must be more than a mere suspicion, but
also some evidence to support it.
The hospital staff is authorized to treat the person admitted with
medications, and the standards of treatment will be judged by the
professional standards for medical professionals in the area. In order
to be successful in a claim for medical malpractice, it must be shown
that the medical professional failed to follow proper diagnosis and
treatment methods. This is established by examination of the medical
records and all the facts and circumstances involved, typically through
the testimony of a medical expert. The hospital is allowed to collect
the costs for treatment from the patient who is committed involuntarily
in the same manner as any other patient. I suggest you contact a local
attorney who can review all the medical records and facts and
circumstances involved.
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.