What are my rights if I was held down against my will and injected with a sedative after I refused it?

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What are my rights if I was held down against my will and injected with a sedative after I refused it?

I was taken to an emergency room after trying to report a threat against me to the police. I was very anxious and revved up, so the police suspected I was on drugs and sent me to an emergency room. I tested negative for drugs, but the doctor wanted to inject me with a sedative. I refused and was then held down by several people and injected with an unknown medication. I have nightmares about this incident. Do I have grounds for legal action against the doctor and/or the police.

Asked on July 16, 2011 under Malpractice Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, you need to find out if indeed you were injected with a sedative or simply an iv. Second, you need to obtain a copy of the notes from the medical record when you were admitted to the emergency room and a copy of the police report. From the police perspective, you were probably seen as possibly being a danger to yourself and that is why you were taken to the emergency room. Now on to the emergency room. If the doctor felt a sedative will help calm you down and based on your mental state from his perspective upon being admitted to the hospital, he may not have needed your permission to give you a sedative. Once you have copies of your medical record and police report, go and make an appointment with a few medical malpractice attorneys and see if what occurred to you was within the guidelines of practicing medicine or if you have a colorable claim of medical malpractice or assault against the doctor.


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