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Is hospital liable

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Momyxs5

Junior Member
Illinois.....December 29, 2015 my son and his girlfriend got in a fight. Second time but this time he ran from the police because he said he would kill himself before he goes to jail again. He got out July 2016 and put back in jail August 2016 because he went to his girlfriends house and there was a no contact order. The reason I am sending this is because in December 2015when he ran from the cops he cut his throats open had 22 stitches I believe and before he was caught he cut both wrists and had stitches in both wrists. He was sent to a local hospital and release after stitches were put in. Maybe if they would have kept him in the hospital for trying to kill himself he would got the mental help he needed and would have never gone to her house again in August 2016. I know it's his own fault but the hospital should have taken his suicide attempt more serious. He had been in the hospital in the past just for a letter that was found saying he was gonna kill himself but when he actually d id they let him go. I believe the hospital should have gave my son some help that he obviously needed. Is there anything that we can do?
 


quincy

Senior Member
Illinois.....December 29, 2015 my son and his girlfriend got in a fight. Second time but this time he ran from the police because he said he would kill himself before he goes to jail again. He got out July 2016 and put back in jail August 2016 because he went to his girlfriends house and there was a no contact order. The reason I am sending this is because in December 2015when he ran from the cops he cut his throats open had 22 stitches I believe and before he was caught he cut both wrists and had stitches in both wrists. He was sent to a local hospital and release after stitches were put in. Maybe if they would have kept him in the hospital for trying to kill himself he would got the mental help he needed and would have never gone to her house again in August 2016. I know it's his own fault but the hospital should have taken his suicide attempt more serious. He had been in the hospital in the past just for a letter that was found saying he was gonna kill himself but when he actually d id they let him go. I believe the hospital should have gave my son some help that he obviously needed. Is there anything that we can do?
Is there anything you can do about what? Do you want your adult son committed to a mental health treatment facility against his will?
 

quincy

Senior Member
Here are two links to information on patient voluntary and involuntary admission, discharge and transfer to treatment centers, the first from Illinois Legal Aid Organization and the second from the Treatment Advocacy Center:

https://www.illinoislegalaid.org/legal-information/mental-illness-patients-admission-discharge-and-transfer

http://www.treatmentadvocacycenter.org/illinois

If your son will not seek treatment on his own, a court order for involuntary admission will be needed (except on an emergency basis).
 

quincy

Senior Member
About what?

Getting your son help or punishing the hospital?
It appears from the thread title that Momyxs5 is asking if the hospital could hold any liability for her son's criminal acts that followed her son's release from the hospital in 2015.

Her son alone is responsible for the fights with his girlfriend and the subsequent arrest for ignoring the order of protection. Her son alone is responsible for trying to kill himself.

If her son will not get help voluntarily for his mental health problems, Momy can try to get a court to order treatment for him. She could have done this in 2015 (or at any time since then) - although trying to get someone committed is not an easy thing to do (nor should it be).
 

LdiJ

Senior Member
It appears from the thread title that Momyxs5 is asking if the hospital could hold any liability for her son's criminal acts that followed her son's release from the hospital in 2015.

Her son alone is responsible for the fights with his girlfriend and the subsequent arrest for ignoring the order of protection. Her son alone is responsible for trying to kill himself.

If her son will not get help voluntarily for his mental health problems, Momy can try to get a court to order treatment for him. She could have done this in 2015 (or at any time since then) - although trying to get someone committed is not an easy thing to do (nor should it be).
The young man had many stitches on both his throat and his wrists from self inflicted wounds, I am not sure that mom's questions are unreasonable. I am not saying that the hospital is necessarily liable, just that mom's question's are not unreasonable.

One should not assume that a layperson in a situation like this one should know what is or isn't justifiable. Perhaps mom should be treated a little more compassionately?
 

CdwJava

Senior Member
The problem with involuntary commitments is that once the person is on their meds and the dangerous tendencies have subsided, there tends to be no further legal justification to hold the person against their will. A mental health facility cannot hold someone because of what they MIGHT do if they stop taking their meds or if they self medicate later with drugs or alcohol (a VERY common origin to such episodes).

Unless the mental health facility knowingly released a patient who still exhibited a clear danger to himself or others, there is likely no liability to be laid at the feet of the hospital.
 

quincy

Senior Member
The young man had many stitches on both his throat and his wrists from self inflicted wounds,
Or older man. We have no idea how old the son is from what has been posted.

I am not sure that mom's questions are unreasonable.
I don't know why you are unsure about the value of the question that was asked. If someone does not know an answer to a question, it is not unreasonable to seek an answer.

I am not saying that the hospital is necessarily liable, just that mom's question's are not unreasonable.
No one said the question that was asked was unreasonable (although you seem to question its merit). There is nothing posted to indicate the hospital can be held liable for the crime(s) the son committed after his release from the hospital, however. The son violated a protection order. That is all on him.

One should not assume that a layperson in a situation like this one should know what is or isn't justifiable.
I agree. Momy (and you) weren't clear on the law so the laws were provided to help educate.

Perhaps mom should be treated a little more compassionately?
No one showed a lack of compassion but the purpose of this forum is to provide legal information. If all you have is an excess of compassion and nothing of legal worth, perhaps another forum is a better fit for you?
 

Zigner

Senior Member, Non-Attorney
The young man had many stitches on both his throat and his wrists from self inflicted wounds, I am not sure that mom's questions are unreasonable. I am not saying that the hospital is necessarily liable, just that mom's question's are not unreasonable.
The events that the OP is asking about occurred 8 months AFTER the incident with the hospital. There really is no cause and effect. Even if her son had been hospitalized, there's no way to say that the same (or similar) events wouldn't have occurred.

Unreasonable? It's all in the eye of the beholder.
 

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