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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 129485
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I was placed under a 5150, but I believe the hospital

Customer Question

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.
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: California, and no, I was not given any medical records upon release, though I can obtain them
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I know of.
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 11 months ago.

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.

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