At this point in my life, I am very worried about being involuntarily hospitalized. I had a very close call a few weeks ago and want to try and avoid it as much as possible. I don't think it's a matter of if for me but when. When it happens I want to be able to get out using the full extent of the law. I feel like most hospitals won't try to go through a legal battle to keep me, so if a lawsuit is brought against them for holding me, instead of fighting it they may let me go. However, while admitted, I'm not sure how much power I have legally. Would it even be possible to contact an attorney while admitted in a mental facility to file an order to release me. Or, should I keep one on retainer in case I am admitted in the future instead, so once I get admitted they can file a lawsuit to try and get me out. Would this plan even work at all? Would filing a lawsuit even work to get me released from a psych-ward, or am I barking up the wrong tree? What are some other ways I could have others help me get out of a psych-ward outside of a lawyer? For reference I live NY, USA.
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botch3d
Student
- Sep 17, 2022
- 112
Im not sure about NY . But if the psychiatrist that « evaluates » you need some time in psych ward it would be very hard to go against their will. Good luck to you
Do you know of any cases in the past where someone has been able to get out of a psych-ward by bringing a lawsuit against them while currently being admitted?
I have no idea what the laws would be in the US for this, I can only speak from what it's like in my country. There's been several cases here where people contacted lawyers while in psych ward and attempting to sue, but I don't know if that's possible there.
Cerulea
Student
- Sep 19, 2022
- 100
Not only do these laws vary from country to country, in the US every state has their own situation. If this is a real concern you have, you can find some free legal resources on the internet. If I had to speculate? NY does not play around. If a doctor has determined that you are a hazard to yourself and others, they can keep you for a bit. I will say, before I lived in NY, I noticed that those doctors really have to prove potential harm. My ex once punched out the window of a car I was driving. Doctor couldn't hold them, despite having one patient bloody from the glass and both of us visibly rattled. But you need a lawyer on this one. Keyboard lawyers aren't going to cut it.
