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Were my civil rights violated if the attending physician

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stated my overdose was intentional...
Were my civil rights violated if the attending physician stated my overdose was intentional when I had just told him I didn't mean to hurt myself. Physician put me on a 1013 hold anyways and transferred me to a psychiatric facility that is also owned by the same organization
Submitted: 1 year ago.Category: Legal
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Answered in 7 minutes by:
8/27/2016
Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,566
Experience: 30 years of experience
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Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

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Lawyer: Gerald, Esq, Lawyer replied 1 year ago

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

IF the physician and the facility did not follow proper procedures and did not have substantial evidence to support the determination that you were a threat to yourself or to others, then potentially yes your civil rights may have been violated and you may have been unlawfully restrained.

Under Georgia Law, when you are admitted to an emergency facility without your consent such admnission must be done on the basis of either:

1) A certificate issued by a physician, psychologist, clinical social worker, or clinical nurse specialist in psychiatry/mental health or 2) a court order supported by affidavits by at least two persons stating they believe you required involuntary treatment.

The facility is required to provide you written notice of your right to petition for a writ of habeas corpus or for a protective order. You are entitled to the assistance of an attorney, and an attorney will be appointed for you if you cannot afford one.

You are to be examined with 48 hours and may not be held longer than that without a hearing and a court order.

If these things did not occur then your civil rights may very well have been violated. The best thing for you to do is to contact local counsel to assess your situation to see if you have an action against the physician and/or the facility. You can find local counsel through the following link:

http://lawyers.findlaw.com/lawyer/practicestate/civil-rights/georgia

Here is a link to the law:

http://law.justia.com/codes/georgia/2010/title-37/chapter-3/article-3/part-1/37-3-41

You may also file a complaint against the physician with the Georgia State Board of Medicine.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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