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Question: Personal Injury - Pennsylvania

Asked on 11/11/2009
We need to know if our son's right's have been violated.
We need to know if our son's right's have been violated. He is Bipolar and went to the ER when he was in PA (we live in NJ). They did not admit him despite being told he was suicidal and had been violent. He left the ER and got in an altercation with Security. They handcuffed him and beat him. The police charged him with trespassing and released him. He then wandered the streets for 24 hours when he finally called us. We took him to the ER near home and they diagnosed him with a concussion due to the beating by Security. No one at the PA hospital will comment. What choices do we have?The psychiatrist spoke with me 3 times that day, long distance. She seemed more concerned that he was not a PA resident than what his symptoms were. My son's has contusions all over his body. When he came home Sunday night his eye was swollen shut.

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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


You should talk to an attorney about suing everyone involved.  The hospital won't comment, because they're afraid, rightfully so, that anything they tell you might come back to haunt them in court;  if I were the hospital's lawyer, I'd have told them that talking to you would mean their jobs.

You're likely to have some problems with this lawsuit, because a bipolar patient tends not to be the most credible witness about what happened while he was in crisis.  Take pictures of his visible injuries now, all of them, multiple views, if you haven't already.  Sometimes, those pictures can prove critical facts, such as (in this one) whether he was beaten after he was already in handcuffs.  There's simply no legal justification for that whatsoever.



  • Answered on 11/11/2009
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I would like to add more input on this question.  You should contact an attorney immediately to investigate this type of case.  There may have been witnesses to this incident who could help corroborate what your son has told you.  The longer you wait the more likely it is that valuable information could be lost which might be developed through an immediate investigation. It is a very difficult situation and I understand as a parent how painful it must be for you to see your son go through so much heartache.



  • Answered on 11/19/2009
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