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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38289
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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my father (an alcoholic) aged 72 went to ER for chest pain

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my father (an alcoholic) aged 72 went to ER for chest pain and breathing issues on 26th. He was found to be free of heart issue. Dr ordered him to be admitted over night and started detox with drugs against his will. He is incoherent as of 1:30 pm pacific standard time, in restraints., no way to call out of room as phone was removed from bedside and family not notified of his whereabouts. Dr refusing to listen to power of attorney As (they ) have seem to have lost 2 copies of it at this time. We are getting another copy as we speak from fathers home. what action can we take to get our father help to be weened off meds and released and paid for the mental anguish he is suffereing, He cannot speak or talk at this time but has elevated Bp due to fear. This is second time this has happened at this hospital in a year.. FORced detox and being held against his will
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am genuinely sorry that your father is in this situation. It appears that the doctors are treating him as an involuntary commitment patient. Is that how they are describing him at this time? I am also unclear--you do not want him on the medications that are potentially saving his life because he didn't consent to them?
Customer: replied 11 months ago.

they are not describing him as involuntary. They said he came in for treatment. My brother has located advance directive at this time. We do not want him on adivan non stop. He hallucinates and is out of it. We want him tapered off the drug to bring him back cognitive. My brother spoke directly to Dr telling her thius. She agreed my father was coherent yesterday. They told my father they would give him breathing treatments last night. He just finished radiation for lung week n half ago. At time he was wanting to leave hospital Dr ordered him seditaves, calimed he was adjitated and had him restrained. We want him brought down to return home. Drinking while not great is what he has done for 60 plus years. He is stable minded . What they are doing to him has caused him to loose his mind in less than 24 hours.

Expert:  Dimitry K., Esq. replied 11 months ago.
Nichole,

Thank you for your follow-up. That is indeed a different situation completely. What you are describing is civilly called 'false imprisonment'. It is a situation where there is an act or an omission of an act on part of the defendant that confines or restrains the plaintiff to a bounded area with intent and causation. Acts of restraining can include physical barriers physical force, threats of force, failure to release, or invalid use of legal authority. In your father's situation it is arguable that he was threatened and when he demanded to leave, he was not released. Hence, that party can be sued civilly for damages that he was exposed to when he was not released as he was entitled to be.

I would suggest that you consider telling your father to state that he is being false imprisoned and detained, and potentially even call the police to get him release. Until and if they involuntarily commit him, your father, provided he is deemed to be competent, can refuse treatment and can sign himself out, even if the doctor is unwilling to release him.

I do understand that any sort of forced detox can create serious medical concerns for someone who is an alcoholic, so I am suspecting that the doctors may then push for involuntary commitment. But they have to get it first before they could pursue such changes against him.

Hope that helps.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38289
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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