Do I have a case for medical malpractice
Full Question:
Answer:
I am prohibited from giving a legal opinion. In Oregon, a police
officer may take a person into custody and commit him to a hospital if
the officer has probable cause to believe the person is a danger to them
self or others and is in need of care for mental illness. What
constitutes probable cause is a matter of subjective determination for
the court, based on all the facts and circumstances involved. Probable
cause is a due process right under the 5th and 14th amendments to the
U.S. Constitution. and there must be more than a mere suspicion, but
also some evidence to support it.
The hospital staff is authorized to treat the person admitted with
medications, and the standards of treatment will be judged by the
professional standards for medical professionals in the area. In order
to be successful in a claim for medical malpractice, it must be shown
that the medical professional failed to follow proper diagnosis and
treatment methods. This is established by examination of the medical
records and all the facts and circumstances involved, typically through
the testimony of a medical expert. The hospital is allowed to collect
the costs for treatment from the patient who is committed involuntarily
in the same manner as any other patient. I suggest you contact a local
attorney who can review all the medical records and facts and
circumstances involved.
