I had an acute myocadial infarction. In the ER I said I wanted to be discharged by ambulance to prior Med Center where I had a by pass 20 years ago. For two days 6 doctors and 3 nurses tried to get me to go for a Cath & intervention. My wife and I had a confrontation with a cardiologist who refused to release me. My wife filed a complaint to forbid him to return. Myself and my daughter filed a complaint and requsted the director of the hospital to come to my ICU room. He sent a head nurseto prepare written complaint. Hospital appointed 2nd cardiologist. After 2 daysof terror I was released and air lifted to my prior health care facility.My heart ejection fraction went from 60+ to 35. Every half hour of delayed intervention caused me a 7.5 % heart destruction.
It is highly unlikely the police will cite any doctor for providing you with medical care whether or not you wanted it or not. However, if you are asking about malpractice, the only way to find out if there was malpractice is to have a med mal lawyer order your medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.
The answer does not create an attorney/client relationship and is for informational purposes only.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
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It is hard to imagine a hospital holding a non-mental health patient against his will. I bet the hospital has a different version of what happened. I doubt law enforcement would arrest anyone unless the evidence was clear cut you were held against your will without any medical justification. You could file a complaint with the State Department of Health and it would likely conduct an investigation; I've seen its reports and they do good work. You can also pursue a civil medical malpractice action but that will require you to find an expert doctor to say the hospital departed from the standard of care. Contact a medical malpractice attorney ASAP. If this was a public hospital, there is a Notice of Claim requirement that has to be met within 90 days of your discharge.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
Against their will is tough to prove. You can go to your district attorney's office and see if they pursue charges.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
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