Can this be done on a pro se basis or must an attorney be hired? Will attorneys work on a "success fee basis" for cases in this category or must they be paid in advance?
In this situation, the Hospital is imposing an expensive "intensive psychiatric outpatient program" on a minor for 2 to 4 weeks, 6 hours a day, involving multiple psychiatrists, psychologists, and mental health practitioners. If there was an evalation prior to admittance, it was based on a 30 minute consultation with the mother, not the patient. The mother had a pre-approval from her company's insurance to cover the expense for her dependant so the hospital didn't even question the patient's mental status before admittance and pulling the child out of school for 2 to 4 weeks.. This is a well-behaved, mild-mannered straight-A female student, 14 years old, and a model student in both class and athletics. The mother went ballistic in an argument, beat the child, and now puts the child into intensive psychotherapy as a dodge for her own abusive behavior. The child just wants to go to school to prepare for Finals to protect her class standing in hopes of getting a scholarship but the mother and the hospital have conspired to take her out of school, feining she has something wrong with her which is very doubtful and has yet to be proven. The hospital is also dragging it's feet with giving the information release forms to the 14 year-old for them to sign so that the non-custodial father can become more involved to discuss the case with the hospital.
It may be unlikely that the hospital will cooperate until threatened with legal action to abide by the laws as theirs is primarily a profit motive and not the academic advancement of people they treat.
spunky96
I would consult an attorney. Sometimes they can give you a free consultation
Lawenforcer
Just from what you stated here and as a lawyer I see no case, and I see no civil rights violation.
Hospitals such as this have what is called the Baker Act and from what you said I see no malpractice or civil rights violation.
There are intake procedures that make this determination.
Unless you are leaving out details, this just sounds as emotion, or feelings.
Would have to look at records and the background.
jwboomer@rocketmail.com
the 14 year old needs to file charges and soon like today.on her mother.14 yrs of age if she don't want to see a dr she don't haft to.
Common
I'm afraid I have to agree with the other poster who said he didn't see any legal issues you could succeed on here. Basically, it sounds as though the hospital acted reasonably here. Yes, you have other information that the hospital did not have, but that's not the legal standard. The hospital can only be held liable based on what IT knew: and that came from the mother. Your suit should be aimed at her, not the hospital.
And to answer your initial question, you may be able to find an attorney to take this on a contingency fee basis and you may not. Just break out the phone book and find a couple of attorneys that offer free consultations. Make appointments with all of them. Tell them what happened and see if any of them think you have a case. At the very least, they'll give you their own reasoning on why they do or do not think you could win.
Orignal From: What is the procedure for charging a hospital with malpractice and civil rights violations?
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