Q: I want to sue a hospital for admitting me for refusing medication when I did nothing to go to the hospital
My mother ivc me in a mental behavioral hospital 3 times for nothing I did. I tried to tell the hospital that I didn't do anything but instead they started me on medication. I know have a constitutional right not to take medication. The 3rd time I went to the hospital I refuse injection shots so the doctor kept me in the hospital. I never did anything to go the hospital. I want to sue.How can I go about it and what can I use as far case law
A:
To pursue legal action against a hospital for what you believe to be wrongful admission and treatment, you should first consult with an attorney experienced in medical malpractice or healthcare law. They can help you understand whether you have a viable case based on the specifics of your situation.
In such a lawsuit, key factors include whether the hospital's actions were medically necessary and whether they followed proper legal and medical procedures for involuntary commitment and treatment. If you believe that your rights were violated or that the hospital acted negligently or without proper justification, these could be central points in your case.
Your attorney will need detailed information about each incident, including dates, medical records, and any communications with hospital staff. Documentation of your experiences and any attempts you made to contest the treatment or admission will be important.
Case law relevant to your situation will depend on the specific laws in your state regarding mental health treatment, patient rights, and medical consent. Your attorney can research and cite relevant case law to support your case.
It's important to act promptly, as there are often strict time limits (statutes of limitations) for filing medical malpractice or wrongful treatment lawsuits. Seeking legal advice as soon as possible can help ensure your case is handled effectively within these time frames.
Remember, an attorney can provide the necessary legal expertise and guidance to navigate this complex area of law and advocate on your behalf. They can also help protect your rights and interests throughout the legal process.
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