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[–]reddituser1211Quality Contributor 4 points5 points  (2 children)

I am wondering if I have a legal claim against any of the parties involved and whether their actions were escalatory.

Which is the part where you think someone did something wrong?

Aside perhaps from the part where they misstated what medication you had? Which - to your mother - may have been an inelegant dodge of "HIPAA doesn't allow me to tell you," and caused you no loss?

Medications have risk. All of them. You were in a situation where the risk of where you were was great enough we take on some risk with the treatment.

And why do you believe the benzo was the problem not the alcohol?

[–]New_Impress5160[S] -1 points0 points  (1 child)

For one, the hospital should have known that EMS gave me benzos and factored that in before sending me to a mental hospital. They didn’t HIPPA-dodge my Mom either. They said we didn’t give him anything. I wasn’t in psychosis until they administered the benzos, I was having a panic attack and was black out drunk. No indication of delusions and the aggression only started when EMS and police forcefully pushed me on the ground. Prior to that I was crying and my sister was hugging me. At some point in this process they had to deem me a risk to myself or others, which was not clear. I refused medical consent both with EMS and at the hospital, that’s why they IVC’d me.

The harm component is obvious. Is it reasonable to shove someone who’s crying and having an obvious anxiety related attack to the ground? Furthermore, after that happens, and you aggravate said person, is it reasonable to administer IM benzos to sedate and transport them to the hospital after refusing consent if they weren’t a clear danger to themselves or others? Beyond that, is it reasonable to involuntarily commit this person and conduct a psychological evaluation while they are on drugs a healthcare service gave them and subsequently send them to a mental hospital for 3 days? Assuming you haven’t been to a mental hospital, it’s a damaging experience.

[–]reddituser1211Quality Contributor 1 point2 points  (0 children)

the hospital should have known that EMS gave me benzos

I'm not convinced they didn't.

before sending me to a mental hospital.

Why you're in psychosis ("you're in psychosis" is uncomfortably flattening but you used it so we'll stick with it) isn't important. And it points to what you're missing: sending you to the hospital, even involuntarily, isn't a punishment. It's an attempt to help you.

I wasn’t in psychosis until they administered the benzos

  1. You're not the most qualified narrator of that.
  2. You don't know when your situation changed or how that related to the alcohol intoxication curve.
  3. "In psychosis" isn't a testable line.

The harm component is obvious.

Again, you're flattening out any meaning. I'm not saying you're not harmed. I'm saying not telling mom you got benzos didn't lead to recoverable harm. And I suspect mostly you and bad luck harmed you. Or more - I don't believe you can prove otherwise.

Is it reasonable to shove someone who’s crying and having an obvious anxiety related attack to the ground?

That's a different question and you're free to complain. But even in your telling, yes. It sounds like you were reasonably treated for the crisis you had.

is it reasonable to administer IM benzos to sedate and transport them to the hospital after refusing consent

Yes. In your story, yes.

Assuming you haven’t been to a mental hospital, it’s a damaging experience.

That couldn't possibly be less related to the point.

I'm sorry this happened to you. I'm glad you got the help you needed. I hope at some point you're able to read this and see the meaning and importance in it.

[–]Five-Point-5-0 1 point2 points  (0 children)

I work in this field as an officer.

Without additional information or specifics there doesnt appear to be anything illegal (criminal or civil) on the face of it, but an attorney can help sort through things if youre so inclined (see final sentence).

Initial contact from EMS and PD seems reasonable one the face given your presentation. Ive placed many people on holds who, after stabilization, dont continue at a facility (or even at the hospital) for any number of reasons. The initial contact and whats observable at the time of the contact, not afterwards, is what is evaluated in court during a lawsuit.

When it comes to benzos and sedation, many times benzos are not used for sedation, but sometimes they are. Depending on the dose administered, the statement that you were not sedated could be entirely truthful. This would be especially true if you were still conscious and responsive after administration, just like many people I contact are despite the administration of sedative medication.

Again, a lawyer (civil rights, if you believe there's issues with the initial hold) or contacting the state ombudsman or behavioral health authority if you believe there are issues with the hospital continuing the hold and recommending placement would be possible remedies. Without additional information, specifically the exact probable cause for the hold and knowing EMS protocols for the exact med administration, any specific advice ("no, this is illegal" or "yes, this was all fine") is going to be woefully uninformed.

[–]MajorDraw3705 -4 points-3 points  (1 child)

I'd think this would be the part of your story that lawyers could have fun with:

  1. They (police) decided to sedate (the alcohol-intoxicated) me with benzodiazepines and transported me to the hospital, which was not properly communicated upon my admission to the hospital.
  2. hospital told my Mom that I hadn’t been sedated, but my urine sample from the next day showed that they were still detected in my urine and I completely lost consciousness when transported.
  3. On the basis of my (benzodiazepine-drugged) condition in the hospital, they had me involuntarily committed. 

[–]New_Impress5160[S] -1 points0 points  (0 children)

This was my thinking as well. Just based on some cursory research, it’s well-documented that benzodiazepines can induce psychosis in some individuals. I also told the hospital that there is a history of drug use in my family (not me personally, but potential genetic triggers). While in psychosis, I also repeatedly stated that they had sedated me to the point where my Mom recalls I said it probably 50 times. If they IVC’d me while on the benzos, given by EMS, I’d think there might be a case.