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JPEsq, Attorney
Category: Legal
Satisfied Customers: 5106
Experience:  Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
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can a person sue for any charges that occur from being wron

Customer Question

can a person sue for any charges that occur from being wrongfully baker acted in the state of florida. final physciatrist cleared patient in less then 10 minutes
Submitted: 7 years ago.
Category: Legal
Expert:  JPEsq replied 7 years ago.

You can sue for being wrongfully committed involuntarily. To be involuntarily committed under the Baker Act, the individual must have a mental illness as defined in the Act, and also be a danger to himself or others.


You can sue if the commitment was wrongful, you can sue the hospital or the physician if you were committed by a physician. The issue is that the physician has to exercise independent discretion... so you would basically have to show that the physician was reckless or negligent in his diagnosis. It is a heavy burden to overcome. It would be a medical malpractice case.


If you were committed by a judge, your remedies are very limited. You can't really sue then, you would have to file a disciplinary complaint with the Bar Association.