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What action could be taken on a Mental Health Care facility that ignored an individuals currently medical condition?

Milford, DE |
Filed under: Divorce

This individual (client), diagnoised with manic-depressive, schizo-affective disorder, is monitored by a state program that focused on keeping clients from hospitalization. His anti-psychotic medication was changed causing client to go from stable to unstable into a manic phase. Family member( PCG) attempted on numerous occasions to communicate this persons change in behavior to the state program to include requests for family meeting, and taking this person to an 23 hour observation and an inpatient facility. Clients admission to inpatient facility denied by state program health care team. Client was arrested due to inappropriate behavior reported by state program. Client is of legal age. It is a concern that client does not have the ability to make proper decisions in manic phase.

Attorney Answers 1


  1. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.

    That being said, I am a little unclear on the facts from your question, but the client may have a malpractice claim against the facility. The client also has a defense against any charges due to the mental health condition. This should be taken up with both a malpractice attorney and a criminal defense attorney.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

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