Re: Arrest at Hospital

I really don't try to question responses posted by other attorneys on this Website. However, Mr. Schelkopf's response to this question is inappropriate, in my opinion. Regardless of why your son originally came into police custody, the police are still liable under ordinary negligence principles. For example, if your son was drunk while in police custody, vomitted, and asphixiated on his own vomit while the police negligently failed to get appropriate medical attention, the police would clearly be subject to potential legal liability for a negligent failure to provide appropriate care.

As is typical for an Internet website, the level of detail provided in your original inquiry did not provide many specific facts. However, for an attorney to imply to you that the police could not possibly be held liable for injuries to your son, even if contributed to by the negligence of the police, is something I cannot agree with.

Re: Arrest at Hospital

The first question you have to ask is were there other intervening causes for the vomiting. The vomiting may be the aftermath of the accident and not necessarily a result of any treatment or lack thereof. Also, did your son follow the medical instructions given by the hospital upon his release? Did he vomit in front of the magistrate? The vomit may have been related to the stress of being arrested combined with the physical and emotional stress of the accident itself. Lets face it. One moment your son is facing death due to driving while intoxicated. The next minute he is hospitalized while under arrest knowing sooner or later that he will have to face charges and then a trial.

The family needs to focus on two things: getting your son some help for his drinking problem and preparing for trial or at least a plea bargain with the State.

Re: Arrest at Hospital

Your son likely vomited because he was drunk. It seems from the description that the police were doing their job. What do you expect the police to do? The hospital discharged him yet the police had not relinquished original custody. They did nothing unlawful. I've seen too many cases such as these where the parents attempt to place the blame on the police rather than their child that has broken the law. If you permit this type of behavior from your son without informing him there are consequences, it will only get worse. You're son could have died because he was operating a vehicle while under the influence. He needs to realize this behavior could destroy his life or anothers. Help him realize this and don't direct blame towards the police.

Re: Arrest at Hospital

If the hospital was negligent in releasing him from its care prematurely, they might be legally liable for damages. If the police failed to seek immediate medical attention on his behalf, as soon as needed, the police might be legally liable for damages, as well.

It depends on the specific facts and circumstances, especially your ability to get a medical expert or experts to testify as to causation.

Consult an attorney immediately.