Hospitalization Against my Will

[compro21]

I was visiting the doctor and they came across something that they thought might be life-threatening and wanted me to go to the hospital. Me, knowing myself and my physiology, I thought they were insane and that there was nothing wrong with me. But they disagreed, and disagreed so much so that they thought I was acting irrational and filed a Section 12 to have me committed to the hospital against my will.

While at the hospital they found nothing wrong with me. Nothing! I was diagnosed with no disease, nor put on any medication, nor given any sort of physical/mental therapy. All of my vital signs and biomarkers were perfect and I have asked for and received medical records from them that prove it.

I was released a few days later, with nothing to show for it: no diagnosis, no medication, no physical or mental therapy, but a week's worth of work gone. I contacted a lawyer the day I got out of the hospital, but was told I could not sue because Chapter 23 of the Massachusetts state health code grants immunity against civil lawsuits.

I have politely declined to pay them, but now, a year later, they are claiming I owe them almost $20,000 for my hospital stay and sent bill collectors after me, which is outrageous!

Two questions:

Am I legally obligated to pay them, since I had no legal authority not to go? My stance is if it was so important to them that they needed to file legal documents, that they should assume all financial liability. I shouldn't be obligated to pay for something that I was forced to buy against my will and got no value from.

Can I sue for malpractice, even though they committed me under a section 12? I feel like I was extorted for money, and want to hold someone accountable.

 

[ecmst12]

I think there is something you are leaving out of this story. You can't commit someone for refusing medical treatment.

 

[Just Blue]

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123/Section12

 

[LdiJ]

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123/Section12

Basically that link states that if the person making the report believes that you are going to harm yourself they can send you to the hospital for a mental health hold. I do completely understand where you are coming from as in regards to the cost of that involuntary hold. It can really be outrageous for someone who does not have access to health insurance.

I could even see a situation where a medical provider could do something like that to ensure that testing took place in a situation where a patient had no health insurance and was unwilling or unable to pay for the testing.

Unfortunately, bankruptcy may be your only way to get out from under the medical costs of that hold.

 

[ecmst12]

Declining to seek testing or treatment for any medical issue is not a valid reason to commit someone. It is not a threat to harm himself or anyone else and it is not a sign of mental illness and it is a perfectly legal choice. A court would not grant such a request even if a doctor made it. And the lawyer that OP would have been appointed for such a hearing would have easily pointed all this out. So there is something being left out of this story.

If he was involuntarily committed and he did not have insurance, the social workers at the facility would have been working to get him approved for Medicaid as soon as he was admitted, since there would be no other way they would be likely to get paid.

 

[LdiJ]

Declining to seek testing or treatment for any medical issue is not a valid reason to commit someone. It is not a threat to harm himself or anyone else and it is not a sign of mental illness and it is a perfectly legal choice. A court would not grant such a request even if a doctor made it. And the lawyer that OP would have been appointed for such a hearing would have easily pointed all this out. So there is something being left out of this story.

If he was involuntarily committed and he did not have insurance, the social workers at the facility would have been working to get him approved for Medicaid as soon as he was admitted, since there would be no other way they would be likely to get paid.

I can give you a real life example of someone who got stuck in a cycle like that. Family makes about 50k a year but their jobs don't offer health insurance and they cannot afford it. They also do not qualify, even remotely, for Medicaid.

The wife called her best friend because she was really upset about something. Her best friend wasn't home but her husband was. Her husband didn't know the woman all that well and misunderstood her "drama" as being a danger to herself. He called the police, the police went to her home, put her in handcuffs and took her to the hospital. The hospital put her on a 72 hour hold. The cost of that was somewhere around 15k.

I do agree though that if the hold was not a mental health hold, (and I cannot think of anything else) that something has to be missing from the story.

 

[compro21]

Right, the doctor thought I was being "irrational about my future health decisions." And that not taking "preventative actions to save my life" was "suicidal." He used that nomenclature to commit me, even though I'm still alive and kicking a year later, without any medication or treatment .

Even if the money wasn't a factor, I don't feel like they had significant evidence to commit me, nor was I treated fairly while I was there. I was not given a lawyer when I asked for one. I was not allowed to keep my clothing of my personal affects. I was not given a reasonable "due process"; they were in no hurry to get me on my way.

After the initial standard blood tests, and vital signs check the first day, they did not do any testing again while I was hospitalized (because they found nothing wrong the first time!). If they thought I really was suicidal, they sure didn't give me any counseling or therapy. Again this is all in their medical records they sent me (thankfully), which confirm what I'm saying.

Every step of the way, I believe the doctors chose actions to worsen my mental and physical wellbeing without adding any value to my life, and all against my chose, which sounds ripe for a malpractice suit. If they really thought I was depressed and suicidal, they should have provided me with counseling and therapy which they did not. They should have offered me medication, such as antidepressants, which they did not. They wouldn't have denied me access to my own phone or internet, which cut me off from my friends and family. They shouldn't have told me every day for a week that "you'll probably go home tomorrow" and then not follow through on it. They shouldn't have made me sleep in a crappy hospital bed, when I could have been sleeping 1000 times better in my own bed (lack of sleep causes depression). They shouldn't have charged me $15,000 which causes more mental anguish and suffering. Not to mention the nightmares I had for a month after straight about being kidnapped and not being able to leave.

If I was suffering from depression, how would they know when I was ready to leave? Their medical records state that I was "happy and cheerful", that I appeared normal and was making rational decisions, that I made friends easily while at the hospital, and that I helped fellow patients in need. Because, man I was so depressed *sarcasm*.

Obviously they were not in it for me, because if they were, I would have never been there.

I contacted a lawyer the day I got out trying to sue, but he said I couldn't because of a section 12, which I think is complete BS in a case like this.

If I can't sue the hospital, can I sue the state for protecting the hospital?

 

[commentator]

It is pretty obvious you believe your own opinions are more valid than law and medical opinions. Since you are in Massachusetts and you are working, I would suspect you do have health insurance. You are still telling this story and going out of your way to refuse to pay them, even though you have been told you have no good case for a lawsuit by a lawyer. Strongly suspect you did not have to be provided an attorney just because you demanded one while on a mental health hold. Contact another lawyer, I'm sure you'll find one willing to take your case and sue somebody if you offer enough money. Answer to can I sue the state because of their laws protecting the hospital from lawsuits. No.