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My husband has been wrongfully Baker Acted. It has been just about 24 hours and he is finally getting to speak to a physician, so that he may be released. What is our recourse against the nurse who jumped to the wrong conclusion when my husband told her over the phone the new medication he was on was giving him a splitting headache and negative thoughts? He made an appointment to go see his doctor for an hour from the phone call. Then unknown to him, the local sheriff shows up and tells him he can either go with them voluntarily or not, he was hancuffed at our place of business and taken away. Can we get this expunged or overturned? Please help!

Submitted: 17 days and 19 hours ago.

Category: Legal

Value: $38

Status: CLOSED

State/Country relating to Question: Florida

Already Tried:
Just getting information at this time.

Posted by DCrane 17 days and 19 hours ago.

Info Request

Thank you for the post, was there a judicial determination that your husband was to be committed to the institution for a mental health evaluation?

17 days and 19 hours ago.

Reply

No just by his phone conversation with the nurse at the doctors office this was initiated. The sheriff told me they had to comply and could not change or overrule the decision.

Accepted Answer

ok, with respect to expungement or having the matter overturned, at this point there is no judicial decision or declaration to overturn, and there is no record to expunge. If it turns out that the nurse's evaluation was completely unreasonable, you would have recourse against her under a claim of negligence.

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Expert:	DCrane
Pos. Feedback:	98.7 %
Answered:	11/4/2009

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State/Country relating to Question: Florida

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Thank you for the post, was there a judicial determination that your husband was to be committed to the institution for a mental health evaluation?

Reply

No just by his phone conversation with the nurse at the doctors office this was initiated. The sheriff told me they had to comply and could not change or overrule the decision.

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State/Country relating to Question: Florida Already Tried: Just getting information at this time.

Info Request

Thank you for the post, was there a judicial determination that your husband was to be committed to the institution for a mental health evaluation?

Reply

No just by his phone conversation with the nurse at the doctors office this was initiated. The sheriff told me they had to comply and could not change or overrule the decision.

Accepted Answer

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State/Country relating to Question: Florida

Already Tried:
Just getting information at this time.