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Medical Malpractice or Negligence, Held Against My Will In Hospital - Please Help Me

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inquiz85

Junior Member
My question involves medical malpractice in the state of: NY

I was taken to the hospital by a close relative (not immediate family) where I was told they needed help with something (which was a lie). Upon arriving to the hospital ER they told the security/doctors I had to be admitted for some unknown reason to me. During this time I was completely coherent and in a right state of mind and over the age of 21 with full legal rights over my body and mind. I was at this point taken into a closed room and locked in, a nurse came in and administered some sedative drug to me and they took a chest x-ray after having me put on a hospital gown. I asked the nurse multiple times what they are injecting me with and why in a calm manner but they refused to reply and told me to relax. After this point things become very blurry (effect of sedative) and I believe they admit me to a room in the psychiatry department to my amazement. I will give a short summary of my 3 week stay below:

I was in a small hospital psychiatry department (about 40 beds total in this department - maybe 30 filled with patients, mostly senile or mentally disturbed in some way). Upon regaining consciousness I remember asking innumerable times during my stay at this hospital for: A) Legal counsel, B) Reason for my stay, C) Request to be released, D) Medication I was being forced to take. The nurses on staff all refused to answer my questions and the whole department was secure (no entry in or out without a card key). I was held there for 3 weeks, despite my family coming to visit a few times I had no outside contact. My family refused to explain to me why I was there but told me it was in my interest and they were "helping" me. While I was an in patient for the 3 weeks, I was never able to go outside or even have an open window to breathe fresh air. I could see outside into the hospital courtyard which was enclosed (walls all around, no street or public view). I was forced to choose between the food the hospital provided and had to follow certain schedules they had set. There was a social worker who was assigned to my so called 'case'. I was able to speak to her regarding any concerns I may have. I was unable to use or have a cell phone (hence unable to call my friends for any legal help to be released). There were two pay phones which would sporadically work given that I had quarters to call someone and that I knew their phone number from memory. Essentially the only outside people I could readily speak to was my family whom insisted that I needed to be there to get "better". Speaking with the social worker brought no avail, he/she was available only at certain times for a meeting and would not explain why I was there or how she meant to help me leave, only to ask me questions. Naturally the first few days I realized my predicament, I could be held at this facility for an indeterminate amount of time under the behest of family and doctors without an underlying medical problem. I had no choice but to take the medication (which I later found out was Risperdal/Risperdone, Ambien and another anti-psychotic). Being a college educated person I knew I was not hallucinating, having visions, seeing things, hearing anything abnormal, being aggressive, or acting abnormal in any way. Yet here I was in a psychiatric ward with no rights... yes there was a sign claiming I had legal rights to a number of things which when asking the nurses to invoke my right to an attorney or counsel I was told they could not do anything for me and if I took my sedative medication that day (twice a day).

I believe I became mildly depressed during my stay (naturally who would not), after being forced to take Risperdal (a medication that inhibits serotonin and dopamine - chemicals that the brain naturally makes when it is 'happy'). They asked me multiple times during my stay if I wanted to receive communion (bread), which I denied as I am an atheist. Upon interacting with some of the other patients I realized a number of them were simply elderly and dementia had set in and the younger ones that sought confidence in me claimed were seeing things and I should watch out for these imaginary things. Clearly they either had schizophrenia or were bipolar and did not question their sanity. The doctor that I had was a second rate one at best who saw me once a week for about 10-15 minutes and asked me questions regarding how I was feeling and took my vitals but failed to answer any of my questions as to why I was being held there. Multiple times I would wake up in the middle of the night and be shivering from the cold AC they had on (providing very thin blankets), I was unable to sleep many nights while there. I felt I was being tortured and not treated for anything but nobody would assist me, not even my own brother came to see me while I was there... I believe this experience made me realize that nobody actually cares about me despite what they claim. Without digressing, towards the end of the three weeks I was told I was about to be "released", they gave me a date which was supposedly when I was to leave. However they lied, and kept me for 2-3 additional days. At the end I was given forms by my "social worker" who told me that I had to sign the forms or they would not release me. She told me then that the forms are voluntary forms of my stay there... at this point I knew I had a situation to deal with, either I signed the forms and be released or be held there for even longer. Having no choice I signed the forms and was finally released the following day when my parents came to get me. I don't entirely blame my parents since they are not college educated and don't understand how the US hospital system works as a business rather than to meet the needs of the patient.

I was required to see a psychiatrist for the following month after my release (for obvious legal reasons to protect the hospital from a law suit). I had to go since I was coerced to do so and did not want to end up in a hospital for not following the doctor's order (not recommendation - apparently I have no rights). I went and continued to take the risperdal which I knew was no treating anything since I never in my life have seen or heard anything that was not there or had any manic bipolar tendencies. Eventually I stopped and told the doctor what I have been telling him since I was admitted and he said that fine he will wean me off the medication. I stopped taking it and began to think more clearly and for the past 9 months have been feeling fine despite my concerns as to what permanent damage/changes these untested drugs have done to my brain.

Well not surprisingly a week ago I received a mailed statement from the hospital and my insurance company for my 3 week admittance totaling over $5,000. My insurance payed out a little over $50,000 to the hospital already and they expect me to pay the remained of over $5000 for the stay plus the additional visits thereafter. Up to this point I had put all of this behind me and did not want to even recollect the traumatizing memories and experiences I underwent at the hospital and having to take drugs for a concocted condition which was nonexistent. I have not been told why I was admitted or had to take the medication although doing research online I found out risperdal is for schizophrenia or bipolar disorder which I have neither of (and multiple doctors can attest to this as I am sure of).

So here I am... what can I do when nobody cares or will help me? I do not have a ton of money to hire a top notch lawyer to take on a hospital (I doubt anyone does these days). I am considering sending a formal electronic request for the hospital to release to me all my medical records of my stay there including the charges and reasons behind my treatment and release and then take these findings to my health insurance provider who I assume will help me in order to recover some of their lost money? I am having doubts and believe that the insurance company might just decide to pay off the $50,000 and not want to fight a fraud case against a hospital leaving me on my own to hire an attorney. If you have read all this thank you for your support it means a lot.
 



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