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A hospital used an ED against my wife to circumvent me

A hospital used an...

A hospital used an ED against my wife to circumvent me having power of attorney. How do I get the ED dropped?

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Indiana, the hospital filed an emergency detention order. The hospital has refused me any information and had security ask me to leave the property when I asked where my wife was in the hospital.

Lawyer's Assistant: Has anything been filed or reported?

Yes, the hospital filed and emergency detention order

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to sue the hospital for civil rights violations and get a restraining order against the hospital to stop all medical treatment

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Answered in 1 hour by:
3/8/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,345
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. When was your wife involuntarily committed? Has she been evaluated yet?

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Customer reply replied 4 months ago
Yesterday afternoon, and no

Thank you. Give me a few minutes to type a reply.

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In Indiana the state can step in and commit someone for emergency psychiatric evaluation when they have probable cause to believe she is mentally ill and either gravely disabled or a danger to him or herself of others.

The evaluation period lasts for 72 hours, during which time the patient is seen by a psychiatrist. The 72 hours does not include weekends or holidays.

After the examination is complete the matter goes before the judge. There's either a finding of no probable cause, which would mean the patient's immediate release, or there's a finding of probable cause and the court then determines whether continued involuntary treatment is necessary. That court hearing would be within 24 hours of the filing of the report.

So, the earliest you can get your wife out of this process is after the evaluation, and the best way to do it is to immediately find yourself a local health care rights attorney who can represent your wife's interest at the court hearing and attempt to controvert the findings of the facility's psychiatrists if they are seeking to retain her.

This is a very specialized area of law. The best way to find someone with experience in this area would be to contact the Indiana State Bar Association's Lawyer Referral Service and tell them that you need an experienced health care/patient's rights lawyer who can deal with an emergency detention order.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=IN

From there, you can also consult with him about suing the state.

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Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 4 months ago
She went into the ER for nothing to do with a mental health issue. When she refused the blood work they restrained her and injected her with three meds. Then they took her to the cardiac floor and the psychiatrist just said they wanted to Monkton her heart vitals just over night. Then they injected her with more ativan even though she was calm. She was bruised and hurt during restraint. She has bruisers all over her arms and body
After she got to the addiction floor the then decided to do an EDO, after they lied to me and stated that she didn't need psych services. After this they refused all contact with me and her and I have a medical power of attorney for my wife.
Customer reply replied 4 months ago
Sorry cardiac floor not addiction floor

I'm sorry to hear these details. I don't think it changes the answer however, at least not in terms of how you get her out. If at this point she's there for involuntary emergency evaluation, you need a lawyer to assert her rights.

Once she's out, your wife may be able to hold the hospital liable for what you've spoken of above. For now, though, if getting her out quickly is your prority and she isn't released within or after the evaluation period, then you'd need an attorney who handles health care/patient's rights.

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Customer reply replied 4 months ago
She was released yesterday morning and the attending psychiatrist stated he saw no reason for her to have been committed to begin with and that the ER doctor filed the EDO. At this time we do want the hospital held liable. My wife does suffer from PTSD due to being restrained and raped when she was 16. On Wednesday there were male nurses restraining her and trying to remove her clothing. This has been an extremely traumatic experience for my wife and myself and the hospital should be held accountable.

I'm glad to hear that she was released and agree the hospital mishandled this situation and should be held accountable for that. I hope you both find justice through the civil court system.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,345
Experience: Active member of the NYS bar since 1989
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