Legal Question in Medical Malpractice in California

Unlawfully forced into hospital

I am looking for a lawyer (who can practice in California) to help me out with this negligence/ medical malpractice situation.

In March of 2004, my mother- and brother-in-law forced me from my home and into my husbands van (literally pushed me out and picked me up.) I bit my mother-in-law on the hand as this was happening, to get her to let me go. She hit me upside the head. My husband drove, as my hands were being held like a prisoner, to a mental hospital.

Outside of the hospital, an admissions clerk was waiting for us (I believe my husband phoned ahead.) There might have also been a nurse, but I am absolutely sure that there was NO DOCTOR PRESENT.

My in-laws claimed that I was in need of psychiatric care. When the admissions guy said that I had to be a danger to myself or others, the mother-in-law showed him the bite on her hand (no blood, not even a mark so he had to take her word for it.) The bite was in self-defense as I was being abducted and unlawfully imprisoned!


Asked on 12/12/05, 11:24 am

2 Answers from Attorneys

Michael M. Marzban, Esq. Bob M. Cohen & Associates

Re: Unlawfully forced into hospital

Give my office a call and, if plausible, then we'll have our investigators do some factual research. The hurdles in your case will be whether you want to sue your in-laws and whether your in-laws are worth suing. As for the institution, we will need evidence to show that they were negligent or did some harmful intentional act. Our number is 1-800-999-HURT. Ask for me, if my office can't help you, then I may be able to guide you towards the right path. Take care.

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Answered on 12/12/05, 11:38 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Unlawfully forced into hospital

From the facts given, your claim appears directed more toward your inlaws "misconduct", rather than the medical center's conduct. Further, it would be very difficult to ascertain or prove out your claims unless you have VERY strong evidence thats clearly shows misconduct on anyone's part herein, especially if the medical center objectively determined your state of mind in accordance with what your inlaws reported at the time of your admittance. This is not to remotely suggest that you are not telling the truth, but you are definitely up against HUGE obstacles in prevailing in your suit, especially against the medical center, unless you have CLEAR evidence that strongly supports your false imprisonment/medical malpractice claims herein.

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Answered on 12/12/05, 4:47 pm


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