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I was in my own home I was under the influence of heroin but…

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I was in my...

I was in my own home I was under the influence of heroin but not overdosed my son-in-law called the police I did not threaten suicide or to harm anyone at all I have been with my wife 28 years with NEVER any violence. I have only done heroin twice in my life I became addicted to pain killers after a work injury that caused multiple shoulder surgeries. the police came did not arrest me they say but handcuffed me and took me to the emergency room that I told them over and over I did not want to go once there I was kept 4 days I admit to being rude the first night but was very polite and got along with the nurses the rest of the time. I feel I was both kidnapped and held without legal cause I was a EMT for many years and had been taught that what was done was not Legal I was coherent enough to refuse to take care of myself.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New Hampshire

Lawyer's Assistant: What steps have you taken so far?

This is the first besides I spoke to a pain management DR in VT and he told me my rights were totally violated as I was taught in NH EMT class

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

Mostly just felt shame in my neighborhood I own my own home but all the people on my street no each other. I am sure there is much more but right of hand that's what I can think of.

Submitted: 4 months ago.Category: Legal
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Answered in 3 minutes by:
3/22/2018
Lawyer: Nisha Jones,
 replied 4 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,484
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Lawyer: Nisha Jones,
 replied 4 months ago

Based on the information you've shared, it appears that the health care professionals may have believed that you were either a threat to your own safety or to someone else's safety at the time this incident occurred.

They could have made this conclusion based on a medical evaluation done at the ER in conjunction with statements that may have been made to the physician by your son-in-law and/or other family members.

By law, the physician can hold you in the hospital's care for up to 72 hours if they believe you are a threat of harm to yourself or others.

Any time beyond that 72 hours needs to be approved by a court order.

Again, I am sorry to hear about your situation, it sounds as though you did not intend to harm yourself, even though your family or the physician may have made a separate conclusion.

If you feel that your rights were violated in any way, or if you were held beyond that 72 hour hold without a court order, then you can consider speaking with a civil lawyer about the possibility of a lawsuit.

You can contact the New Hampshire State Bar for a referral to a civil lawyer in your area.

Civil attorneys often work on a contingency fee basis, which means you don't have to pay anything out of pocket, and they recover their fees when you win a monetary judgment.

The phone number is:

(603)(###) ###-####/strong>

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Lawyer: Nisha Jones,
 replied 4 months ago

I just wanted to make sure you received this message I sent to you about an hour ago, it appeared as though it might not have gone through.

Copied and pasted below:

Based on the information you've shared, it appears that the health care professionals may have believed that you were either a threat to your own safety or to someone else's safety at the time this incident occurred.

They could have made this conclusion based on a medical evaluation done at the ER in conjunction with statements that may have been made to the physician by your son-in-law and/or other family members.

By law, the physician can hold you in the hospital's care for up to 72 hours if they believe you are a threat of harm to yourself or others.

Any time beyond that 72 hours needs to be approved by a court order.

Again, I am sorry to hear about your situation, it sounds as though you did not intend to harm yourself, even though your family or the physician may have made a separate conclusion.

If you feel that your rights were violated in any way, or if you were held beyond that 72 hour hold without a court order, then you can consider speaking with a civil lawyer about the possibility of a lawsuit.

You can contact the New Hampshire State Bar for a referral to a civil lawyer in your area.

Civil attorneys often work on a contingency fee basis, which means you don't have to pay anything out of pocket, and they recover their fees when you win a monetary judgment.

The phone number is:

(603)(###) ###-####/strong>

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Lawyer: Nisha Jones,
 replied 4 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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