Have Legal Questions? Ask a Lawyer Now.
You can sue for being wrongfully committed involuntarily. To be involuntarily committed under the Baker Act, the individual must have a mental illness as defined in the Act, and also be a danger to himself or others.
You can sue if the commitment was wrongful, you can sue the hospital or the physician if you were committed by a physician. The issue is that the physician has to exercise independent discretion... so you would basically have to show that the physician was reckless or negligent in his diagnosis. It is a heavy burden to overcome. It would be a medical malpractice case.
If you were committed by a judge, your remedies are very limited. You can't really sue then, you would have to file a disciplinary complaint with the Bar Association.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).