Q: My son was charged with Assault while being treated for a seizure.
Son has formal diagnosis of seizures due to brain damage from car accident in 2005 & has antiseizure meds. He was despondent by job loss due to seizure & was drinking. We had him taken to Detox and gave police meds w/ instruction that he MUST get these timely. Police note he was cooperative. Was NOT given meds & had a seizure at the Detox unit 2 hours later. Taken to hospital, where 1 of the hospital staff felt that they were assaulted & he was charged. Discharge diagnosis was seizure. City defines assault as knowingly causing injury to another person. Son was having a seizure had no awareness of surroundings no intent to knowingly commit an assault. While he does have a history of drinking, he has no history of assault. Ref case of Monica Chavez innocent of negligent homicide due to seizure. Can this be simply defended by presenting medical records, or do we need to spend money for attorney. Does the detox (Arapahoe House) have liability for failing to provide seizure meds?
A: That is a great question, and without more information difficult to answer. However, most lawyers offer a free initial consultation to see if there is a case and/or what it will take to fight the assault charges.
Have formal charges been filed? If they haven't providing the medical records may cause the police and/or DA to drop the charges. However, if your son has be arraigned you can try contacting the DA to drop the charges, but realistically you will need a lawyer. As for the liability of the detox center, they probably cannot be held liable for not providing the meds, however, a medical malpractice claim is a possibility.
I agree with Paul, you need to contact a criminal defense attorney or request a public defender. Note: a public defender cannot (and will not) handle any malpractice claim against the detox center.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.