Legal Question in Disability Law in New York

Staff injuries inflicted by an activelelt delusional mental patient

My son is disabled with the mental illness paranoid schizophrenia. He was recently hospitalized. The doctors applied under the Rivers Act to get a ruling to force medicate him. He was clearly a danger to himself and to others. He was delusional and believed that the staff were trying to kill him. He was left with 4 nurses who were unable to maintain him in the event he became violent. He became violent and broke the nose of one nurse while inflicting bruising on the other 3 nurses. The nurses pressed charges and he now faces felony charges. He was seen by the court the next day and an order to force medicate was issued. After one week he came back to normal. The court ordered a competency evaluation which was performed and he was found competent to stand trial. It he acted in a violent manner as a result of the illness that renders him disabled are there remedies under the Americans with Disabilities Act or are there other remedies?


Asked on 5/23/98, 6:53 pm

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Schizophrenic facing criminal charges.

This is NOT an ADA issue. This is a criminallaw issue.

If in fact he is competent NOW to stand trialthat does not mean he necessarily losesthe ability to challenge whether or not hewas legally responsible for his actions atthe time of the occurrance.

You need a good criminal practitioner withlots of savvy about the insanity defense.

I am not that versed in it under New Yorklaw to advise you further. Does he qualify for Legal Aid??? If so, see them, andaccompany him to Court.

The above preliminary discussion is not intendedas legal advice. You are notified that we only givesuch advice in areas of law that we are fullyqualified in by virtue of training and experience;that we are licensed ONLY in New York and Maine, and the Federal court system.. There is no substitute for sitting down face to face with anattorney, to protect your rights under law, and to determine your obligations. We are your attorneys only if you have entered into a written retainer agreement with the firm of Coles & Weiner, P.C. We reserve the right to reject any potential clientfor any reason.

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Answered on 6/18/98, 5:25 pm


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