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.
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.
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.