Can I sue a psychiatric hospital for a false arrest while I was a patient there?

Asked over 1 year ago - North Salem, NY

I was a patient at a psychiatric hospital and they physically and mentally abused me while I was there. It's a very long story but what it came down to is when my mother told them she called the office of mental health the very next day when I was still a harm to myself and extremely depressed they wanted to discharge me so I appealed my rights to my insurance which has a specific policy that states once a patient puts in an appeal the patient must remain in the hospital until the insurance ( Medicare) has made their decision. Instead what the hospital did was call the police and tell them I was discharged when I wasn't and when they came and I told the officer I was in no way shape or form able to leave they had the officer arrest me for criminal trespass.

Attorney answers (3)

  1. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . You can seek damages for physical abuse, but its often hard to prove that it occurred.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  2. Michael Charles Doland

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your facts don't correspond to your question. You ask about wrongful imprisonment, but your facts discuss forcing you to leave. In any event, your damages do not seem to be sufficient to hire a lawyer, and suing yourself will be virtually impossible.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. Barry Franklin Poulson

    Contributor Level 20

    2

    Lawyers agree

    Answered . You can consult an attorney who can evaluate your case in more detail. As my colleague notes, hard to sue for both keeping you and throwing you out. You may want to concentrate on your recovery, not on rehashing what you think your care might be.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more

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