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Can i sue a hospital from another state

Lewisville, TX |
Filed under: Lawsuits and disputes

i was in a hospital and was ordered to take a shot. i refused because all i did was start crying i didn't feel it was warranted they called in about 8 people to give me the shot i blocked the door with my matress when they came in they were swinging their fist one person punched me in my spine while another one choked me my throat hurt for months can i charge them for unessary force

Attorney Answers 2

Posted

If you like, you can sue the hospital and any or all of the people you say assaulted you. The Texas constitution guarantees all citizens free access to our courts. This means that anyone can sue anyone, at any time, anywhere, for any reason, for any amount of money and without first proving anything to anyone. However, filing a lawsuit and winning one are two entirely different things. Winning a lawsuit and actually recovering some money are also two entirely different things.

If you are referring to criminal charges, you cannot charge anyone yourself. Only law enforcement officials, such as policemen and district attorneys' offices, are permitted to file criminal charges. However, any citizen is privileged to report perceived criminal conduct to law enforcement officials so that they may file criminal charges where such is indicated by the facts and applicable law.

Without knowing a lot more about the facts, I cannot say whether or not either you have a potentially valid claim for money damages, or anyone has violated any criminal law here. For example, were you a minor when you were hospitalized? Had you been adjudicated NCM? Were you hospitalized involuntarily under a court order? If you will answer these questions and provide more information, I will be glad to take another stab at your query.

Good luck.

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4 comments

Asker

Posted

I was voluntary. the first guy who started swinging was a friend of my ex girlfriends who sister worked for the hospital.

Asker

Posted

their were camras in the room

Asker

Posted

the incident happened at night obviously they didn't feel I was a threat to myself or anybody else they released me the next day

Don Karotkin

Don Karotkin

Posted

The facts you have added favor you, but a lot more facts must be learned in order to determine whether or not you have a potentially valid claim. I suggest that you consult a Denton, Dallas or Fort Worth plaintiffs' lawyer who is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. A link to the Board's website appears below. Good luck. www.tbls.org

Posted

If all of this occurred in another state, you will likely have to sue the hospital in that state.

If you attempt to sue the hospital here, upon the hospital's plea to the jurisdiction, the Texas court will likely find that it does not have personal jurisdiction over the hospital.

This answer is for informational purposes only and does not create an attorney-client relationship.

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