kingdaniell
Junior Member
South Carolina
I went to an appointment at the VA Medical Center, Columbia, SC. I informed one of the doctors there that I did not want any further medical treatment. She sent me to the emergency room with an escort. When I reached the emergency room I was immediately taken in by a nurse. She asked me why did I want to hurt myself. I told her I did not want to hurt myself. She stated that that is why the referring doctor sent me to the emergency room. She told me to just sit in a chair and relax and a doctor would be with me soon. I informed her that I had children at home and I needed to go soon. She told me that I could not leave until after I had seen a doctor.
I eventual got to talk to a Dr. He asked me why I wanted to hurt myself. I told him that I did not want to hurt myself, I was just refusing further treatment. We discussed the fact that I have an artificial heart valve and take a blood thinner. That if I stopped taking the medication that I would more than likely have medical complications that would end my life. I told him that I understood and I was not making something happen I was letting the disease take its course. He said that to him there was no significant difference. I stated that I had been receiving treatment for my heart disease for the past 9 years. That the last time I was admitted to the hospital the doctors placed a stint in one of my arteries. Also, they called my wife into the OR to tell me goodbye because I only had a 10% chance of living through the procedure. They told her that I have other major blockages but they could not do anything about them and that my next heart attack would probably end my life. I told Dr. King that I was tired of the hospital admissions, the fact that I have to have blood work done every two weeks, the fact that I take 16 different types of medication that make me feel terrible, the fact that I can't work or do anything productive and feeling so badly that I can't be a husband to my wife or even play catch with my son. He said I was going to have to stay in the hospital and be evaluated by a psychiatrist. I told him I wanted to leave and if he kept me there against my will I was going to sue him and the VA. He said his hands were tied. By STATE law he was required to confine me to the hospital. He said he had to do what he had to do and I could do what I thought I had to do.
Since at the time I had not been informed that I had been officially committed I tried to leave the hospital. The staff alerted security and they followed me to my car. One officer, in a black shirt with just his name on it, stood between me and my car. I again stated that I did not want to stay that I was not an immediate danger to myself or anyone else and they had no grounds for holding me against my will. At this point the officer took his leather gloves out of his pocket and put them on. I told him that as a security officer he could not hold me there against my will. He never ID himself as a federal officer and I felt he was a threat to my safety. Another officer on the scene informed me the officer was a federal cop and for my own good I needed to comply. I agreed to go back into the hospital under duress and fear that they might hurt me.
When I reentered the emergency room I asked if I could use the phone. They told me that I could not use the phone and wanted a blood and urine sample. I refuse to give them either. They then asked me to put a yellow pair of institutional pajamas on. I was told that if I did not comply that I would be locked in isolation and would not be able to use the phone and would lose all privileges that the other patients have such as visitors. I complied so that I could call my wife. At this time the officer watched as I changed into the pajama and the nurse place an alarm sensor on my wrist.
I later talked to a staff psychiatrist and basically went over my story again. She said she did not think that I belonged in the mental ward. That I did not exhibit the actions of one that needed to be protected from himself. She stated that she could tell from talking to me that I was an intelligent person. She did feel, however, that I needed to be on another anti depressant. She told me I had a choice. I could agree to go back on my medications and agree to further treatment, both physical and mental, or she would admit me to the hospital. I agreed to go back on my meds take the additional med and set an appointment to see her in two weeks.
Please keep in mind that during this whole nightmare I did not exhibit actions that would lead a reasonable person to believe that I was a danger to myself or the public. I did not act irrationally, psychotic, schizophrenic, confused, overly emotional or in anyway that would justify involuntary commitment. I did not even raise my voice. All I did was refuse treatment and medication.
The actions of the staff at Dorn violated at least five of my civil rights and several other torts including but not limited to false imprisonment and assault not to mention sever emotional stress.
Do I have a viable case against the VA?What is the name of your state (only U.S. law)?
I went to an appointment at the VA Medical Center, Columbia, SC. I informed one of the doctors there that I did not want any further medical treatment. She sent me to the emergency room with an escort. When I reached the emergency room I was immediately taken in by a nurse. She asked me why did I want to hurt myself. I told her I did not want to hurt myself. She stated that that is why the referring doctor sent me to the emergency room. She told me to just sit in a chair and relax and a doctor would be with me soon. I informed her that I had children at home and I needed to go soon. She told me that I could not leave until after I had seen a doctor.
I eventual got to talk to a Dr. He asked me why I wanted to hurt myself. I told him that I did not want to hurt myself, I was just refusing further treatment. We discussed the fact that I have an artificial heart valve and take a blood thinner. That if I stopped taking the medication that I would more than likely have medical complications that would end my life. I told him that I understood and I was not making something happen I was letting the disease take its course. He said that to him there was no significant difference. I stated that I had been receiving treatment for my heart disease for the past 9 years. That the last time I was admitted to the hospital the doctors placed a stint in one of my arteries. Also, they called my wife into the OR to tell me goodbye because I only had a 10% chance of living through the procedure. They told her that I have other major blockages but they could not do anything about them and that my next heart attack would probably end my life. I told Dr. King that I was tired of the hospital admissions, the fact that I have to have blood work done every two weeks, the fact that I take 16 different types of medication that make me feel terrible, the fact that I can't work or do anything productive and feeling so badly that I can't be a husband to my wife or even play catch with my son. He said I was going to have to stay in the hospital and be evaluated by a psychiatrist. I told him I wanted to leave and if he kept me there against my will I was going to sue him and the VA. He said his hands were tied. By STATE law he was required to confine me to the hospital. He said he had to do what he had to do and I could do what I thought I had to do.
Since at the time I had not been informed that I had been officially committed I tried to leave the hospital. The staff alerted security and they followed me to my car. One officer, in a black shirt with just his name on it, stood between me and my car. I again stated that I did not want to stay that I was not an immediate danger to myself or anyone else and they had no grounds for holding me against my will. At this point the officer took his leather gloves out of his pocket and put them on. I told him that as a security officer he could not hold me there against my will. He never ID himself as a federal officer and I felt he was a threat to my safety. Another officer on the scene informed me the officer was a federal cop and for my own good I needed to comply. I agreed to go back into the hospital under duress and fear that they might hurt me.
When I reentered the emergency room I asked if I could use the phone. They told me that I could not use the phone and wanted a blood and urine sample. I refuse to give them either. They then asked me to put a yellow pair of institutional pajamas on. I was told that if I did not comply that I would be locked in isolation and would not be able to use the phone and would lose all privileges that the other patients have such as visitors. I complied so that I could call my wife. At this time the officer watched as I changed into the pajama and the nurse place an alarm sensor on my wrist.
I later talked to a staff psychiatrist and basically went over my story again. She said she did not think that I belonged in the mental ward. That I did not exhibit the actions of one that needed to be protected from himself. She stated that she could tell from talking to me that I was an intelligent person. She did feel, however, that I needed to be on another anti depressant. She told me I had a choice. I could agree to go back on my medications and agree to further treatment, both physical and mental, or she would admit me to the hospital. I agreed to go back on my meds take the additional med and set an appointment to see her in two weeks.
Please keep in mind that during this whole nightmare I did not exhibit actions that would lead a reasonable person to believe that I was a danger to myself or the public. I did not act irrationally, psychotic, schizophrenic, confused, overly emotional or in anyway that would justify involuntary commitment. I did not even raise my voice. All I did was refuse treatment and medication.
The actions of the staff at Dorn violated at least five of my civil rights and several other torts including but not limited to false imprisonment and assault not to mention sever emotional stress.
Do I have a viable case against the VA?What is the name of your state (only U.S. law)?