Bismarck, ND asked in Medical Malpractice for North Dakota

Q: My fiance' was slipped LSD without his permission. The ER did not run a drug screen is this malpractice?

The ER at Sanford did not run a drug screen on my fiance' even though he stated he had been drugged or poisoned against his will. Once he was at the ER they only gave him medications for his blood pressure and benadryl. They released him 45 minutes later to what they say was family in the waiting room but there was no family there I showed up just as he was ready to get into the cab and we had to convince him it was OK. He was clearly still delusional and hallucinating. We stopped at a store and he got out and the police were called because of his behavior. The police refused to take him to detox because they said ER would not release him if something was wrong with him. We got him back into the car but he jumped out convinced someone was in the trunck that was going to kill him. Later he sought shelter in a garage and was charged with burglary in which he has been found not guilty.

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1 Lawyer Answer

A: As to the criminal charge, which seems to be the larger concern, the issue here is proving that your fiancé was actually given LSD unwillingly. Secondly, proving that your fiancé should be held inculpable due to the influence of the drug is another battle.

What happened at the hospital does not seem to have resulted in any serious tort which caused economic injury.

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