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Hello I believe I can help you with your concern
I am so sorry to hear about your daughter's situation, I can understand how distressing this must be for you
Was her doctor communicating with you during the appropriate 72 hours and then just stopped talking to you afterwards for no reason?
she called me one time right after the first exam on her. she told me I have to do family session which I finished yesterday. she hasn't returned my call since then.
And during the family session, may I ask how it went?
doctor wasn't there. just the social worker. we all agreed that she was too stressed to finish the homework and study for test that night and she didn't think clearly with the severe headache. so we talked about how to manage time, cutting off cell phone, computer, etc. she expressed that she is not depressed but she was stress over school work and she was having too much headache.
it was a pleasant one. I heard she is not letting her go because they think she is lying and in denial.
my daughter told me this afternoon doctor again asked her for medicine. she told me how she can lie that she is depress and not happy with life when she is. someone just told me that she should just admit and take the medicine and do whatever doctor says., but I want to know if they have legal right to hold her after 72 hours without court order. do you know?
Yes unfortunately the doctor does have the legal right with a 1014 form to extend the 72 hours for up to 5 days for additional observation, evaluation, and treatment. If after the 5 days is up, then the only way she can stay in the hospital is if your daughter voluntarily admits her self or a 1021 form is filed requiring a court order from a civil court judge for long term treatment, usually 30 days. A 1014 does require a court ordered petition to be filed, but she can be held while that petition is being filed.
Here is a good link explaining it in more legal jargon for you too
So the court ordered petition should be filed, but she can still be held involuntarily until it is.
so 5 days from when 72 hrs is up? or from the 1st day when 1013 started?
Usually from the first day, but now the court petition will only be filed if they feel that that further treatment (1021) is necessary. If she is deemed not a danger to herself or others, they will just release her and not bother with the court petition
so basically, everything is in doctor's hand for 5 business day, right? n
Yes unfortunately it is. Usually the doctor will need co-signatures as well, including the social worker in charge of her case
she got there on Tuesday at around 12 pm, so she has to stay, Tue, wed, thur, Friday (sat,sun not counting as weekend) and Monday? but Monday is holiday, so that wouldn't count?
No holidays do not count, so it would be Tuesday if I am reading this law correctly. Most states do not have this 5 day extension law to the 72 hour hold.
I am so sorry that your daughter is going through this currently
is there anything that I can do about this doctor not communication with me about my minor child?
You can file a medical ethics compliant with the hospital and state medical board. I would first contact the administrators at the hospital and voice your concern because it is unacceptable for them not to communicate with your about your child. The administrators will not want a law suit and will pressure the doctor to contact you
I already talk to patient advocacy and the Chief of the facility. Chief told me that because she is an independent doctor, there is nothing that he can do other than asking her to call me.
told me to wait for her call today, but she didn't call again. for 2 days. she even knew that I was waiting for 6 hours just to talk to her, but didn't even bother to pass right by me and not say anything.
Then I would file a complaint with the ethics board, you will not get quick results from this, but so far that is your only recourse against the unethical treatment the doctor is doing by not contacting you.
That is very rude and unprofessional, I am very sorry
Thank you. you have been a good help. I think no patient deserves a doctor like her. I am so sad that she has the power over so many kids when she has no consideration towards patient and families.
I am so sorry that your daughter had to go through this, and yes I agree this doctor was very unprofessional and should be sanctioned by the medical board. I hope that your daughter recovers well from her stress and this ordeal. My goal is to provide you with excellent service, so if you ever have any further questions or concerns please do not hesitate to contact me at anytime.
thank you so much.
You are most welcome :)