Legal Question in Medical Malpractice in California
Patient�s rights
My daughter was admitted to psychiatric hospital on a 51/50; she has been hospitalized before. The problem is her psychiatrist is one that in my opinion has a Deity Complex, we have requested a new psychiatrist, however he has told both of us we don�t have that right because we have Kaiser Insurance and unless another psychiatrist at the same hospital believes that he has not preformed to standard, we can not change. He is keeping her in the hospital even though she is no longer suicidal or a danger to another. He has also said statements that to her as well as me that I believe are unethical.
3 Answers from Attorneys
Re: Patient�s rights
If Kaiser is your health insurance carrier, unfortunately, you have to follow their rules. When you became you insurance carrier, you signed some sort of contract with them.
Check to see, if you still have the contract, or ask them for a copy of your contract, and read the provisions carefully.
Have you made your feelings known to the Kaiser business office? Do it in writing, when you find where complaints are sent?
Then you need an attorney to file action against Kaiser, that includes false imprprisonment charges against Kaiser. It also may be necessary to file for a writ of habeas corpus. You will need to retain a good lawyer.
I am enclosing a web page from Wikipedia regarding 51/50 detentions.
Good luck!
Re: Patient�s rights
http://en.wikipedia.org/wiki/5150_(Involuntary_psychiatric_hold)#Contesting_the_hold
Forgot to paste this in first answer.
Re: Patient�s rights
Tell the psychiatrist in writing that if he does not turn her case over to another psychiatrist, you will get yourself appointed guardian ad litem and sue him for medical malpractice and to seek a writ of habeous corpus. Make sure you copy the doctor's supervisors and partners,if any and Kaiser too.
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