Q: If someone is being charged with a crime while in the hospital are they allowed a phone call and/or visits?
A family member was injured in a shooting and taken to the hospital. We weren’t allowed to see him the first 3 days he was there. 2 days after we were permitted to see him an officer came in, announced he was being charged, cuffed him to the bed, asked everyone to leave and take everything that isn’t hospital property out of the room. We haven’t had contact with him since. Is he permitted a phone call or visit? Is his forced isolation lawful?
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A:
I'm sorry you're going through this difficult time. Typically, individuals who are charged with a crime while in the hospital retain the right to make phone calls, especially to legal counsel and family members. Hospital policies may allow visits, but security measures can sometimes restrict access based on the situation.
The forced isolation you described may be lawful if authorities have valid reasons to ensure safety or preserve evidence. However, there are regulations that protect patients' rights, even when they are involved in legal proceedings. It's important to understand the specific laws in your area, as they can vary.
I recommend reaching out to a lawyer who can provide guidance based on the details of your case. Additionally, contacting the hospital's patient advocacy office might help address any concerns about your family member’s rights and the restrictions placed on visits and communication.
Dimitrios Makridis agrees with this answer
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