Would like to explore my options for malpractice suit in psychiatry and mental health

[marlnails]

What is the name of your state (only U.S. law)? New York

Would like to explore my options for malpractice in psychiatry and mental health therapy for my son who is 17 yrs old.
I have some questions:
1) Would it be in my best interest to sue for malpractice while having two open cases held against me in criminal court as well as family court?
I feel these legal problems stem from my son not recieving adaquite medical psychiatry attention as the Dr, lowered his bipolar medication and both the dr and his mental health theriapst refused to agnowledge myself nor my son's plea's that he wasnt feeling good and he was starting to have more frequent mania's. result is that now he isnt taking his medication and isnt going to his dr appts anymore and no one is doing a dam thing about it. He is placed by ACS in fostercare. He has recent history of attempted sucide last attempt is in Jan 2005. We have had Crisis intervention as well as various support groups included before ACS issue and court issues came about. Feel with all of the support in place these issues shouldnt have happened as i am being charged on falsified claims of neglect and assault on my son.

2) Can any of the protective services agencies that are in charge of my son's care while in fostercare be held reponsible? This is a very new problem for myself as my family including my son. This all started regarding ACS since September 2008.
There outlook is once he turns 18 he can do whatever he wants! Despite he has various medical and school IEP reports saying he is classified as emotionally disturbed. Recently he has been sent to Four winds Hospital for a diagnosis and medicince change in January 2008. There diagnosis comfirms that my son is bipolar and they changed my sons medicine to abilify 30mg and depakote. (depakote was changed when he got home it was changed to Lithium 450mg)

3)If he doesn't have a good support group in place like a good therapist and psychiatrist like we all know can make or break a patient in any care especially in a mental health mood disorder issue. A big problem to a teenager that hasn't been equipped with the necessary tools to survive and transition to adult life and help him manage his issues with bipolar". Regardless of the fact there may not be public agencies to help but maybe there might be private help out there through his insurance. do you think by living in a borough of NYC that the ACS agency should reach out to the office of mental health for help with this issue?

You would think maybe that this can be something they can help with to look into further being that this is the very agencies that are responsible of Childrens protective serivces for NYC?

My Case info:
I am involved with a dilemma regarding my 17-1/2 yr old son. In criminal court I am being charged with Assault 3 for pushing my son down a flight of stairs which I am not guilty of as well as being a plaintiff for the D.A for my childrens father I am a victim of domestic violence and he is charged for breaking an order of protection etc and in Family court I am being charged along with his father from ACS of neglegence of both my 12 yr old daughter and 17 yr old son. My daughter has been paroled back into my care from family court and the latest ACS hearing is now listing on the 30 day permancy hearing to return my son back into my custody. Both courts I am being defended by probono attorneys.

 

[Zigner]

You will need to cut that post WAY down - TMI

 

[marlnails]

Thank you

Ok so i trimmed it down a bit so what do you think?

 

[seniorjudge]

You will need to cut that post WAY down - TMI

AND tell us how this post relates to your first one:

https://forum.freeadvice.com/sentencing-parole-pardons-plea-bargains-29/need-help-criminal-court-family-court-446800.html

 

[marlnails]

My posts all have the same people involved

My case is in Criminal court as well as Family court in NY right now. Family court is going well so far as I have recieved my 12 yr daughter back via parole after only a week she was taken by ACS. My questions arent being answered by the probono lawyer assigned to me in criminal Court which make it very fusterating. Also i feel i am dealing with idots when it comes to ACS and childrens aid society here in NYC.

 

[lya]

marlnails,
With the family history that you describe, there is no way you (or your son) are going to convince an attorney or a jury that any of your son's problems are due to malpractice.

Malpractice claims require that damages be the result of negligence and from no other cause. Your description of family history contains numerous potential causes of his problem(s). To say the least, he is not from a healthy and stable environment.

One thing you need to remember is that patients with Bipolar disorders frequently d/c their meds when they get to feeling better.

Your post indicates that you are functioning on adrenalin from all of the emotional turmoil in your life. I don't see things getting better for you until you are able to step back and stop running on emotions. Counseling would be an excellent option for you.

Bottom line--more likely than not, your son has no chance of a claim of medmal.

Good luck and best wishes,

 

[marlnails]

Family history has already been established but...

We have reached out to this mental health facility to help manage my son's mental health disability and they are in charge of regulating his med's and therapy. I believed with the change of staff ( she was a new hire and left with only working for the agency for maybe 7 months tops!) and lack of professionalism on the Dr.s part she lowered a medicine to half the dosage with only 7 months being on the medicine and she refused to acknowledge my son's symptoms after only weeks after his dosage change in august. It has only gotten worse since then and I fear as well as family members he may go into deep depression and attempt suicide again as he once did before. As simply changing Dr's isn't an option since ACS has my son in foster care and his aunt isn't watching his symptoms as now he doesn't go to any appts and turned to be uncooperative as his symptoms have gotten worse this is happening since November 2008.

Under ACS they knew about the mental health facility possible doing wrong since one month being involved as they held a meeting with the mental health facility and since then the facility hasn't been cooperative with them. since ACS transferred the case to children's aid society, the CAS has another view on the situation and rather view it as once he turns 18 he isn't an issue and can do whatever he wants.

I thought that, since we hired the mental health facility to help us with my son and family as they have been in our lives since 2003 non-stop? We had private family sessions as well as private sessions for my son once a week. They failed by not managing his mental health care once they changed physicians due to change of staff which has been a constant issue through out his treatment to both his physiatrist and therapists ?