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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I've been having negative, depressive, thoughts lately due

Customer Question

I've been having negative, depressive, thoughts lately due to a case that happened recently. I was at a hospital nearby my house, so that I could be delivered to a mental hospital.
When I was wheeled to my room, I attempted to reach my body and fell into the floor in the fetal position. Afterwards, I was picked up from the floor and thrown onto the bed in an aggressive manner. I was then restrained without resisting. However, the same man who picked me up, struck me across the jaw and held my head down while I was still restrained. After he had let go, I bit him. He then punched me on the arm and bent my wrist.
After all this was done, he pressed charges against me while I was in the mental hospital and lied, stating it was matress burn. The jury enstated I was guilty and I've been having even more severe panic attacks ever since. I'm becoming borderline PTSD and have clinical depression and anxiety. Is there anything I can do?
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

You may be able to file suit for what amounts to medical malpractice relative to the treatment that you received while in the hospital against the hospital and against the health care professionals that treated you in this manner. In order to prove and win a case for malpractice, you need to show that their care of you fell below the accepted and appreciate level of care (standard of care) for your geographic area.

In so doing, you must show that they had a duty to you, they breached that duty, the breach caused you damages and you need to be able to show the damages (this can be done through expert testimony).

I cannot promise you that you will win, but based on what you have shared with me, it is my professional opinion that you have a very viable case.

Let me know if you have any other questions.

Please rate my answer positively (4 o 5 stars) as well.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in with you to see if you had additional questions? I want to make sure that you are as comfortable as possible going forward. Thanks!

Customer: replied 1 year ago.
The issue of the matter is, he won the case through Jury trial with not one single verdict of "Not Guilty", even though I had evidence that they did mistreat me. I was informed that due to the fact that I was Guilty completely, I can't counter-act.
Expert:  Delta-Lawyer replied 1 year ago.

Even if you sued him individually, you may be able to sue the hospital for vicarious liability or negligence in allowing this person to work in their facility and to treat patients, such as yourself in this way. You have an argument for another law suit against the hospital based on what they either knew or should have known. If the trial against the person was criminal, you can still sue him civilly as well. The burden of proof is lower in civil court (preponderance of evidence or 50% +1) than in criminal court (which is beyond a reasonable doubt).

Let me know if you have any other questions. Please rate my answer positively as well so I can receive credit for my work.


Expert:  Delta-Lawyer replied 1 year ago.

Let me know if you have any other questions or comments. I want you to be as comfortable as possible moving forward. Thanks!