posted on October 4, 2004 04:11:14 PM new
Just want some advice on how to proceed.....or just let it drop....
My son is schizophrenic and manic depressive. I think he's been diagnosed with a host of other things off and on over the years, including multiple personalities (I never believed that one). He 24 and has been an inpatient off and on for the past 10 years. He also has heart problems (his first surgery was at 8 days old) and has Hirshsprung's disease (4 surgeries at age 6). Finding meds that compliment each other for all of these things has been complicated, to put it mildly. One of the meds is destroying his liver.
He was put in a "drug study" in April, pulled off his meds while taking part in this. Either the new "wonder drug" didn't work or he was given a placebo, I'll never know. Because he is legally an adult and a "ward of the state", we had no say regarding his participation in this.
While in this study, and an inpatient in a state hospital in Georgia, he verbally threatened a Doctor. (He was definitely NOT in his right mind.) This MD, who specializes in schizophrenia, called the police, Tim was interrogated in the hospital, arrested for terroristic threatening, and taken to jail. It was four days before we were notified of this.
Bail bondsman- $8,000
Attorney- almost $4,000
The judge just threw the case out.
My ex should get his money back from the bondsman, I assume.
Can we sue to get the attorney fees back?
Would it be the MD, the hospital or the police that arrested him?
terryann, since your son was mentally ill in a hospital that was unable to take care of him, he should have been transferred to another hospital rather than jail. The police could have been directed by the hospital to transfer him to another hospital....generally there is cooperation between police and mental hospital facilities and staff in order to avoid exactly what happened to your son.
I hope that you are able to resolve this situation because your son was clearly mistreated.
posted on October 4, 2004 08:57:56 PM new
Twig, what did the lawyer do for $4000.00 if you don't mind me asking? Did he just represent your son in court? Was this a retainer?
posted on October 4, 2004 09:11:10 PM new
Hi terryann,
Sorry for you hardship with your son.
If you feel that you attorney did a poor job, you might want to call you state Bar Association. They might be able to give some reference to hire an attorney who might deal with attorney malpractice, and the other issues that you mention. Also, many attorneys carry what is called Errors and Omissions Insurance. This is basically a malpractice insurance for attorneys, if they make a mistake or fail to do the job properly.
Basically, attorneys are suppose to know and use the law to best meet the needs of the client. Your attorney may have failed to do this.
Bigots are miserable people. Prevent Bigotry through Education.
posted on October 5, 2004 02:15:51 AM new
The attorney represented him in front of the judge. Tim was not present for court, as he is now an inpatient in a PA State Hospital. (His MD had filed a restraining order (?), so he couldn't go near the hospital in GA.) I think it cost so much, so we wouldn't have to make the trip and pull Tim from care for a stressful trial. I have no problem with the attorney. Other than come up with half the money, I haven't dealt with him at all.
I do know, if we proceed, I will need to talk to an attorney. It's not so much the money (I bring home a little over $1,000 a month). It's the principal of the thing.
We were able to bail him out because the jail was all ready overcrowded. (He was on a bed in the hall.) Let's face it, they weren't "equipped" to take care of him. He is on disability now. A public defender carries a heavy case load for little money. We couldn't take the chance that Tim could have ended up in prison.
Thanks for your input. Deep down, I'm just glad it's over with. Small price to pay for his safety. But I'm just so angry that this happened at all.
posted on October 5, 2004 08:44:43 AM new
Terryann, you have had such a hard road to travel. I wish there was something I could say, some advice to give, but sadly, I am empty on this one.. I wish you strength, and please know that my thoughts and prayers are with you and your family...
Maggie
posted on October 5, 2004 09:42:56 AM new
The doctor is guilty of mal-practice. In a state hospital with a ward of the court the doctor has a fiduciary relationship to patients. Instead of helping your son the doctor made his problems worse. With diminished mental capacity it is unlikely that a court would return a guilty verdict.
The Hippocratic oath states, "...first of all do no harm..." This doctor did harm in the pursuit of vanity and ego. Threats in a psychiatric facility assuredly occur on a daily basis, if this doctor cannot handle this he should change professions or at least specialties. The doctor should have a vigorous complaint lodged against him with the AMA and your state consumer licensing board. Also contact any Physician organizations with which he is a diplomate (recognized practitioner, basically), concerning a complaint and hopefully his removal. Your attorney may have medical associates that can review this and offer guidance. BTW, any attorney worth their salt would have suggested this.
posted on October 5, 2004 10:27:38 AM new
parklane,
were you there when it happened ??
doctors are human too!!
twig125silver,
I dont understand why you want to sue the lawyer,for what??
Were you there?was your husband there??
or you just dont want to pay 4k??
can you negotitate the fee with him,these days,professional fees,hospital fees are all negotiable.
-sig file -------Life is one big happy 'All You Can Eat' buffet .
posted on October 5, 2004 10:42:29 AM new
Stop, you're right, I wasn't there. That is why I advised that she seek the advice of a professional in this matter after I gave my opinion. And on the matter of the costs, I would sue the doctor to recover. Making a false report about a mental patient can be costly. Yes, false, can the mentally impaired be allowed to testify in court? Oh, so it's just the word of the doctor supposedly treating and helping a troubled person? The doctor can say anything he wants, maybe the young man just repudiated the doctor's sexual advances. We don't know.
And just as an aside, how does traumatizing a young man with mental infirmaries negate any threat? I would think a wise physician would realize that this would crystalize the resolve in an un-balanced mind. IMHO.
posted on October 5, 2004 11:35:58 AM new
If i am reading the thread rigt-The son is 24 years old.
Twig is saying the public defender is overworked and underpaid and she and the father felt a hired lawyer can do a better job defending their son.
See what is wrong with this fuckup nation,everyone wants to sue .
Doctors ,lawyers,policeman,plumbers,truckdrivers come to work,not to be abused or exposed to physical threats.
How would you feel if they turn around and sue you the parent??
Arent parents responisble for child's good behavior??
-sig file -------Life is one big happy 'All You Can Eat' buffet .
[ edited by stopwhining on Oct 5, 2004 11:53 AM ]
posted on October 5, 2004 01:55:22 PM new
stopwhining- I NEVER said we wanted to sue the attorney. We might have wanted someone familiar with the rights of someone mentally incapacitated. I'm not talking about some ill-mannered adolescent. His father is an RN specializing in mental illness. (His mother has the same problems.) You might want to READ what has been posted.
MOST MDs do try to give a high level of care. Whether this one is "burnt out", which can happen, or what, I don't know.
But I do know that my son has been through alot in his young life. More than most, not as much as some. We deal with it. Always have, always will.
BTW, what made you assume I was "sue happy"? I would like to get just the attorney fees. Which, but for the actions of the doctor and police department, I would never have had to spend. Some people do sue, not for the money (attorneys get most of it anyway), but to make sure things like this don't happen to someone else.
posted on October 5, 2004 02:55:08 PM new
i never said you are 'sue happy'.
I am just saying this is a fuckup nation,we are always looking to see whom we can sue.
you see,'WE' are never at fault,it is always the other party.
-sig file -------Life is one big happy 'All You Can Eat' buffet .
posted on October 5, 2004 03:11:51 PM new
twig- i understand how you feel and really understand where you are coming from. I worked in the mental health field for several years before working as a legal assistant with an attorney. honestly, i'm not sure if there is much an attorney would be able to do, or if there is an attorney out there who would be willing to handle your case. i don't mean to be negative, but attorney's are a strange bunch. you may be lucky to find one willing to represent you, depending on the angle you take. most attorneys don't like to sue othe attorneys, but it happens.
the real question is whether the hospital followed their directive for handling situations like this. you should first find out what proper procedures are for incidents like what your son went through. if this doctor followed procedure properly, it will make for a hard road ahead.
so, you paid 8K to a bailbondsman? when you use a bailbondsman, you don't get anything back from it. that is how a bondsman makes their money. those 8K go directly to them because they are the guarantor that your son will report to court. bondsmen take great risks in putting up bail, and if your son didn't show up to his court date, they would have very limited time to locate him and bring him in before they have to pay the court the remaining balance of the bail. most bondsmen work for 10% of the bail, so I am guessing that your sons bail was set at $80,000 (this may vary by state). That seems high based on the circumstances you gave, and makes me wonder if there is more to the story than what we are given.
seeking the help from an attorney who is experienced in this is the best advice anyone can give, and calling the Bar Association in your state is even a better decision. When you call the bar, make sure to speak with an expert who can refer you properly. An operator is often the screener, and they often are quick to refer someone to the wrong attorney. Don't get too discouraged if you keep getting the runaround and referred to 10 different people. All it takes is one to represent you, and unfortunately, many attorneys are either concerned about losing or how much money they are going to make or possibly both.
