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I was placed under a 5150, but I believe the hospital

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I was placed under...

I was placed under a 5150, but I believe the hospital performed malpractice and neglect. While at the hospital I was repeatedly told that my crying could lead to my being kept longer as though it was some kind of threat and that if I did not take the medication provided I would also be detained longer. I was given medication which then made me vomit and when I stood as near to the nurses as I was allowed to get their attention, I was ignored. When I finally was given an opportunity to speak after 10 minutes, all the while horribly ill, I requested to see my doctor, to which the Nurses did nothing. I had to wait an additional 15 minutes until I could ask a different nurse to please get my doctor. I was then given an antipsychotic (Seroquel) to make me sleep, prescribed at a dose of 200 mg at the very start, which is abnormally high. When I later told them I had fitful sleep, they upped the dose to 400 mg even though I was already showing negative side effects from the lower dose (stuttering, unable to concentrate, lethargic). Added to another drug, Trazodone, that I was taking at 100 mg to start. They also had me on Lithium at 600 mg to start. These are all extremely high doses for drugs that I have never taken before and, for the most part, do not need. And I was repeatedly reminded that denying to take any of these medications would result in an extended hold, effectively giving me the illusion of choice on whether or not to take them. I have a job and cannot afford to be held for 14 days.

Lawyer's Assistant: Can you tell me what state this is in? And do you have copies of the medical records?

California, and no, I was not given any medical records upon release, though I can obtain them

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

Not yet

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

Not that I know of.

Submitted: 7 months ago.Category: Personal Injury Law
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Answered in 10 hours by:
12/9/2017
Personal Injury Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 125,827
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Under the law, in order to have a claim for malpractice, which is what you are alleging (malpractice and neglect all come under malpractice), you must go to get examined by another doctor and they need to review your medical files from the visit and they need to determine that the hospital acted improperly in caring for you. Under CA law, you must have a medical expert testify as to what the proper care and treatment for you should be and if they held you without getting a court order or without your consent beyond 72 hours, then you also have a claim for false imprisonment against them

So you need to start with getting a doctor to review and write an expert report regarding the proper standard of care and how the hospital did not follow it in your case. You then need to engage your medical malpractice attorney to pursue the hospital for your claims.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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