P
picklesrus
Guest
What is the name of your state? GA
My wife called 911 because she came home and found me in the bathtub asleep and said she could not wake me up. She said she was concerned that I had taken to much medication my doctor had given me. I had been taking tranquilizers the day before and a hypnotic drug (prescription sleep aid) the night before because of the shock of my brother's recent suicide and funeral. I do not remember taking more than prescribed. When the paramedics arrived, I refused treatment. The sheriff’s deputies took my wife outside and told her that if I did not go to the hospital they would take me to jail, so under duress she allowed them to take me because she didn’t want to see me go to jail. She wasn’t thinking at the time to confront them with what I would be charged with and/or get a lawyer on the phone.
When I got there sometime later, an ER nurse told me she had to treat me. I told her to "leave me alone" at least once if not twice, thus refusing treatment again. She told me she had to and started toward me in a confrontational manner so I took my hand and being careful not to touch her breasts, grabbed her collar to hold her back. (The alleged act of battery.) She screamed for security and bit me to make me let go, then left. Later they put me in 4-point restraint and the only way I felt I could defend myself from this perceived act of aggression was to spit on one of the guards, (The alleged act of simple battery charge) which he then promptly hit me in the eye 3 times. The doctor in charge told my wife I was lucent the whole time and refused to call my personal doctor and had the cops haul me off to jail. Later I find out from my doctor that this hospital has a history of treating patients like me like so much trash.
There are three things I see as defense, and just need someone to validate.
First, I was only defending myself from perceived attacks and used minimal force in my defense.
Second, the action I took against the ER nurse because I did not intentionally cause "substantial physical harm or visible bodily harm" to her and does not qualify as an offence of Battery under GA code section 16-5-13.1. Also the action I took against the guard did not "intentionally make physical contact of an insulting or provoking nature nor did it cause him physical harm" (if I can convince a jury that spitting is not physical contact) and does not qualify as an offence of Simple Battery under GA code section 16-5-23.
Third, I would never had to defend myself in the first place if my wife had not been lied to and been told I was going to jail because I was lying asleep on my own couch in my own private house not bothering anyone else. I never authorized calling 911 on my behalf.
There were many times that I refused treatment and since even in the attending ER doctor’s professional opinion I was lucent, I had a right to do so, yet these rights were violated on many occasions.
The issue here is that the max fines for both counts is $2000 and so far every lawyer I've talked to wants much more than that to defend, yet I do not want to loose this case as it will affect the civil cases I bring against all parties involved.
Any good advise?
My wife called 911 because she came home and found me in the bathtub asleep and said she could not wake me up. She said she was concerned that I had taken to much medication my doctor had given me. I had been taking tranquilizers the day before and a hypnotic drug (prescription sleep aid) the night before because of the shock of my brother's recent suicide and funeral. I do not remember taking more than prescribed. When the paramedics arrived, I refused treatment. The sheriff’s deputies took my wife outside and told her that if I did not go to the hospital they would take me to jail, so under duress she allowed them to take me because she didn’t want to see me go to jail. She wasn’t thinking at the time to confront them with what I would be charged with and/or get a lawyer on the phone.
When I got there sometime later, an ER nurse told me she had to treat me. I told her to "leave me alone" at least once if not twice, thus refusing treatment again. She told me she had to and started toward me in a confrontational manner so I took my hand and being careful not to touch her breasts, grabbed her collar to hold her back. (The alleged act of battery.) She screamed for security and bit me to make me let go, then left. Later they put me in 4-point restraint and the only way I felt I could defend myself from this perceived act of aggression was to spit on one of the guards, (The alleged act of simple battery charge) which he then promptly hit me in the eye 3 times. The doctor in charge told my wife I was lucent the whole time and refused to call my personal doctor and had the cops haul me off to jail. Later I find out from my doctor that this hospital has a history of treating patients like me like so much trash.
There are three things I see as defense, and just need someone to validate.
First, I was only defending myself from perceived attacks and used minimal force in my defense.
Second, the action I took against the ER nurse because I did not intentionally cause "substantial physical harm or visible bodily harm" to her and does not qualify as an offence of Battery under GA code section 16-5-13.1. Also the action I took against the guard did not "intentionally make physical contact of an insulting or provoking nature nor did it cause him physical harm" (if I can convince a jury that spitting is not physical contact) and does not qualify as an offence of Simple Battery under GA code section 16-5-23.
Third, I would never had to defend myself in the first place if my wife had not been lied to and been told I was going to jail because I was lying asleep on my own couch in my own private house not bothering anyone else. I never authorized calling 911 on my behalf.
There were many times that I refused treatment and since even in the attending ER doctor’s professional opinion I was lucent, I had a right to do so, yet these rights were violated on many occasions.
The issue here is that the max fines for both counts is $2000 and so far every lawyer I've talked to wants much more than that to defend, yet I do not want to loose this case as it will affect the civil cases I bring against all parties involved.
Any good advise?