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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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I went to the ER /c I had become addicted to my pain meds

Customer Question

I went to the ER b/c I had become addicted to my pain meds (not for a high but for sleep). I was on the pain meds b/c I had problems with my bladder after having a hysterectomy and had to self cath myself for three months after and it caused a lot of pain. I called ahead to see if my local hospital had a bed for treatment and they said yes, to bring a bag and come on up thru the ER. After triage, they took me back to a room in ED and an MD came in and asked questions, nothing out of the way was said, no distressed tones spoken or anything. He leaves the room for about an hour and comes back and tells me he is sending me to anther facility/behavior center. I told him I called ahead of time to make sure that hospital had room, that it was important for me to stay near home b/c I have small children. He told me that I don't make the decisions around there, showed me a tri-folded paper and says the "Judge says so". I asked to call an attorney and everyone walked out of the room, I turned on my call light and no one came back in. About a half hour later two police officers walk in the room, hand cuff me, put me in a cop car and transported me to another hospital/behavior center where I was stripped searched and treated very poorly for two days, and I was asking to speak to a doctor the entire time. Also, my family was not notified and I was not allowed to use a phone to let them know where I was. When I finally got to see the Doctor there, he was doing a medical/psych history, starting with basics about me, when we got to my place of employment, he stopped and said "you do not belong here, would you like to continue treatment as outpatient?" I do remember a combative woman in the next ER room and feel maybe they confused us or something. What can a person do if they feel they were treated wrong by medical officials in a hospital setting? I mean, I was wanting help and I get cuffed, put in a cop car, stripped searched among other issues.
Submitted: 4 months ago.
Category: Legal
Expert:  Maverick replied 4 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 4 months ago.

One thing you can try to do is file a police complaint against the doctor for aiding and abetting the crime of false imprisonment. It is a Class 1 misdemeanor. If the district attorney decides to prosecute the case, then he would need to prove is the doctor aided the police in intentionally and unlawfully restraining or detaining you without your consent.

A better option may be to sue the doctor and hospital for negligence/medical malpractice and/or aiding and abetting false imprisonment but this time in a civil claim for money damages. You may also have a claim for defamation and you may want to seek an order to have the erroneous information redacted from all your medical records. A jury, in awarding compensatory damages in a false imprisonment case, can consider physical suffering, mental suffering and humiliation, loss of time and interruption of business, reasonable and necessary expenses incurred, and injury to reputation.

This link may help you find a lawyer that is willing to take your case on a 33% to 45% contingency fee basis.

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