Legal Question in Medical Malpractice in New York

Is this medical malpractice?

My husband is being kept in a Psychiatric ward by his doctor,because he doctor says that he had too many hostipalizations in the past year and he is unstable. Meanwhile,my husband is not unstable. He is sound of mind and very sane. He is not violent or anything like that. As it was my husbands caseworker a woman,who kept putting him into the hostipal and never was it my husbands choice to be hostipalized so many times. Also,the doctor wants my husband to be sent to a Psychiatric hostipal far away and I do not drive. Also,when I asked the doctor if there are any tests to prove that my husband is a manic depressive,he said that there are not tests to prove it. But,the doctor says that there is something wrong with him,but he won't say what is wrong with him. And,how my husband got caught up in these Psychiatric thing is a long story and too much to go into now. Yet,we need help as we are going to go to court using a lawyer who is supposed to be for the mentally ill,but,is really all for the doctors. Also,my husband and myself are Christians and we are not to be separated as it goes against our faith. Yet,they do not care about our faith at all. Plus,my husband is medically ill and not mentally ill.


Asked on 11/19/00, 10:35 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Is this medical malpractice?

I received your post on 11-28-2000.

The issue, as it appears to me, is how to get your spouse out of the facility. For this, you will need an attorney to go to court to get a writ to have him released. A major question is why he cannot sign himself out. A hearing will/should be held and a court appointed guardian for your husband most likely assigned. The court will make th final decion. Be prepared. It will be long and arduous, but necessary if what you say is correct.

Worry about the malpractice, if any, after he is/is not released.

Good Luck

RRG

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Answered on 11/28/00, 11:59 am


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