Legal Question in Medical Malpractice in New York

so one day in march i was at my parents house and my parents called the police because they thought i had taken to much medication and drank too much and needed to go to the hospital (which was not true).... the police and an ambulance arived and said i should go to the hospital... i did not want to go to the hospital so i walked outside and tried to leave... the police handcuffed me and the paramedics strapped me down on a stretcher... we arrived at the hospital and i was screaming for them to let me go and the doctors/nurses sedated me... they kept me there overnight and would not unstrap me from the bed despite my requests.... they released me the next day and sent me a $12000 bill. i was never arrested or charged with anything. the hospital took blood samples from me to find out what i had taken and all they found was a small amount of alcohol (i was 21 years old). i feel that i was treated unfairly and abused by both the police department and hospital. what should i do?


Asked on 5/19/10, 12:46 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

1. Obtain all of the records connected w/ the incident, including but not limited to medical records, police & ambulance reports, statements & claims re your condition,medications, all persons indicated in reports, times etc.. 2. DRAFT a letter DISPUTING the bill on grounds that you REASONABLY & repeatedly refused all ambulance, hospital L & medical services. Which services were not in good faith, were overreaching, unnecessary & not medically recommended. 3. ASK an attorney for a consultation to review your letter & supporting docs BEFORE sending. Note, that certain exaggerated kinds of behavior (yelling, screaming etc), can "trigger" a psych observation "hold" that family and the police may legitimately use, that will withstand Court scrutiny. And, it is considered appropriate to charge payment to the subject of the hold . So, it is important to distinguish your behavior & conduct from that "crazy" "acting out" or "over the top" kind of behavior.

Your parents requested the police intervention, in the "family dispute" re your behavior, Apparently alleging fear that you were having or were subject to medical or mental episodes. Thus, the police conduct assisting in your temp hospital placement, is likely to be considered by a Court, as reasonable or required, under the perceived circumstances;

If this incident occurred primarily because there are major differences between you & your parents, respecting basic values, such as they are religious fundamentalists; do not "approve" of any alcohol consumption; are major "tea totalers" or "control freaks" & you are not and you are in constant resistance mode. Then, I strongly suggest that YOU, avoid any & all future conversations or conduct w/in your parents' purview that might not suit them.

Good luck,

Read more
Answered on 5/25/10, 11:07 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in New York