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Loren
Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 29072
Experience:  30 years experience in personal injury law.
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Can a hospital be sued a patient which was being

Customer Question

can a hospital be sued for releasing a patient which was being held for commiting a crime where the victom was also shot
Submitted: 7 months ago.
Category: Personal Injury Law
Expert:  Loren replied 7 months ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.Was the patient under police guard? Was the hospital subject to court order to hold the prisoner?
Customer: replied 7 months ago.
last march a year ago I had 3 men attempt to rob me at my home .I was shot once in arm and I returned fire and hit one of them.He was admitted to Huntsville hospital .saw 0ne picture on facebook and he was handcuffed to bed .he also almost escaped once and they caught him .I cant find out if shireff dept. dropped the ball or the hospital just released him . he is still on run and is here in our hometown. This past year has been aliving hell know he is still out there one >this has also affected my roommate who was here and it happened right at her bedroom door
Expert:  Loren replied 7 months ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Expert:  Loren replied 7 months ago.
Unfortunately, a hospital is not a jail and they are not held to any "guard duty" standard. They will allow law enforcement to post a guard, but the hospital does not participate in any way in the guard duty. They are only responsible for rendering medical treatment.If a hospital employee assists a prisoner to escape then that is a criminal act and would subject the employee to criminal prosecution.
Expert:  Loren replied 7 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Customer: replied 7 months ago.
If they were under orders to hold him till police got there woul that ale a difference
Expert:  Loren replied 7 months ago.
Not really. The hospital is not set up to hold prisoners and they can not be ordered to do so because it could put hospital personnel in physical danger. That is the job of law enforcement.
Customer: replied 7 months ago.
Thanks anyway
Expert:  Loren replied 7 months ago.
You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.