Q: What NY State laws govern an involuntary psychiatric hold (in ER) and the administration of medication without consent?
My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was administered Haldol without without cause or consent. She was at no time aggressive and made no attempt to remove her IV, get out of bed or leave hospital. While her words understandably required consideration, the swift rush to judgement without meaningful consideration of whether there was a substantial likelihood of harm to herself or others and the administration of a chemical restraint (which I understand should be a last resort safety measure to prevent imminent physical harm) was an outrageous overreach which was in no way in my daughter's best interest. I believe the ER Physicians acted unlawfully and caused my daughter incredible emotional distress and the physical harm.
A: I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could reach out to law firms to discuss in greater detail; that could be the most meaningful first step in evaluating what happened here. I hope your daughter is okay. Good luck
Jonathan R. Ratchik agrees with this answer
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.