Elderly Arrest - is it abuse?

[mking]

What is the name of your state? Florida

My 68 year old mother was arrested on a criminal charge. She was kept in jail for 18 hours (11 hours after her bail was posted) and was not allowed access to either her heart or diabetes medicine. When her blood sugar dropped, she was given a cookie to eat. She was able to see a nurse at one point, but later when she asked for a nurse 3 times, the nurse was never sent. Is it legal to withhold medication? This seems like elderly abuse to me. Is it worth pursuing a case against the sherriff's office?

 

[CdwJava]

Was she injured? Did she have to receive treatment as a result of the delay in the release? Has anyone explained WHY she was held for 11 hours after posting bail?

It is not uncommon for people to be denied their personal medication while in custody. And if they aren't going to be held long enough to NEED medication, they aren't going to be sent to a doctor for new prescriptions. Having a cookie can be a valid method of balancing blood sugar. Also, if she did not need her heart medicane then they were not obligated to get her any. If she became ill they would have had to provide treatment such as a ride to the hospital, but that apparently did not happen. One cannot sue (successfully) for what MIGHT have happened to them.

In the long run, she will need some injury to point to in order to have a claim that will interest an attorney. Without injury or damages, she will have to pay out-of-pocket for an attorney to give it a try.

- Carl

 

[mking]

No one has ever told us why she was held so long. Is there a way to find out?

There technically wasn't any damage, but since her heart medicine is to regulate her heartbeat, they basically lucked out. There really wouldn't be any way to have damages in this case without a wrongful death suit - it's a life or death situation if her heart goes out of whack. I'm just dumbfounded that they would put someone IN that situation in the first place.

 

[Zigner]

No one has ever told us why she was held so long. Is there a way to find out?

There technically wasn't any damage, but since her heart medicine is to regulate her heartbeat, they basically lucked out. There really wouldn't be any way to have damages in this case without a wrongful death suit - it's a life or death situation if her heart goes out of whack. I'm just dumbfounded that they would put someone IN that situation in the first place.

Another way to look at this is that the jail was lucky that your mother didn't have anything go wrong with her. But, that means that your mom is out of luck when it comes to the lawsuit lottery...sorry

 

[mking]

Is there anything I can do to ensure that if -god forbid - she's found guilty and is actually put in jail, she has access to her medicine?

It's unbelievably pathetic that someone would have to DIE to get the system changed. I'm not nearly as interested in the "lottery" as wanting to embarass the hell out of the sheriff's office in public and ensuring that my mother is ok if the worst happens.

 

[CdwJava]

No one has ever told us why she was held so long. Is there a way to find out?

You can ask. Or, her attorney can ask. Actually, her attorney might be able to explain why - if it's not something unusual.

There technically wasn't any damage, but since her heart medicine is to regulate her heartbeat, they basically lucked out. There really wouldn't be any way to have damages in this case without a wrongful death suit - it's a life or death situation if her heart goes out of whack. I'm just dumbfounded that they would put someone IN that situation in the first place.

Being ill is not a "get out of jail free" card. If that were the case, everyone who claimed an illness would avoid jail. Since they apparently did not intend to hold her for a lengthy period they did not concern themselves too much with the issue.

- Carl

 

[CdwJava]

Is there anything I can do to ensure that if -god forbid - she's found guilty and is actually put in jail, she has access to her medicine?

Her attorney can raise the issue at trial or sentencing. The state would obtain her records, have her evaluated, and prescribe medication through a pharmacy of their own.

- Carl