What are my rights if I was taken to a hospital against my wishes and received treatment that I didn’t want?

UPDATED: Jan 20, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 20, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if I was taken to a hospital against my wishes and received treatment that I didn’t want?

I had a seizure a couple days ago. When I awoke I was on a gurney being transported to the hospital. I told the paramedics I did not want to go but they insisted and left me there. They placed a oxygen mask on me and I reawoke at the hospital. I then told the doctor I wanted to leave and sign the AMA paperwork. He insisted that I stay because I had a seizure. Then he informed me that I would lose my licence because of the incident. Even though I never even gave him my name. Can I sue?

Asked on January 20, 2014 under Malpractice Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unfortunately if you were to sue in this situation, you would not prevail.  You had a seizure. Your license will be automatically taken because you are a danger to yourself and others on the road or otherwise. So, you were taken to the hospital because of the seizure. You were able to be released on your own but you cannot sue for the licensing being taken.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption