Q: I wanted to ask if I have standing to bring a lawsuit against a hospital that had me arrested for assault
While a patient in the emergency room at a hospital in Amarillo, TX I had a grand-mal seizure. While having the seizure a security guard for the hospital was trying to hold me down to a bed and I have been told that I had bit him and ran from the hospital. Well 4 months later I got stopped on the highway when I lived in Oklahoma and arrested I had a felony warrant for 3 degree felony assault on a security officer. Now I'm awaiting jury trial and face up to 10 years over this incident that I have no recollection of and don't think I was even in the right mind when it happened. Can I sue the hospital and the security guard for this?
A:
If you successfully defend the third degree felony assault case, you might be able to sue the complainant—whether that’s the security guard or the hospital—for malicious prosecution.
This is a very difficult type of lawsuit to prove, so be prepared to pay a hefty fee to any attorney willing to handle the case for you.
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