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  1. #1

    Question Involuntarily Baker Acted and Held for More Than 72 Hours - Can I Sue

    My question involves medical malpractice in the state of: Florida

    I was involuntarily baker acted on 12-21 by the police when they came to
    My apartment regarding a call from my husband. They took me to the ER where the next day 12-22, I was transferred to a mental health facility. They did not release me until 12-25. The Florida Baker Act states "A person may not be held for involuntary examination for longer than 72 hours. Within the 72 hour examination period one of the following must take place: the person must be released unless charged with a crime; the person must be released for outpatient treatment; the person must be asked to give express and informed consent to voluntary placement; or a petition for involuntary placement must be filed with the circuit court by the facility administrator.

    None of those happened. Do I have grounds for a suit? I now have a stack of medical bills from the ER, mh facility, and ambulance, not to mention the fact I spent most of Christmas day in the nuthouse and not with my friends and family.

    Any help or advice is greatly appreciated.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    27,745

    Default Re: Involuntarily Baker Acted and Held for More Than 72 Hours. Can I Sue

    ..you were transferred on the 22nd?

    And released on the 25th?

    Do the math...
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: Involuntarily Baker Acted and Held for More Than 72 Hours. Can I Sue

    According to my hospital records, it was the police who baker acted me on the 21.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,745

    Default Re: Involuntarily Baker Acted and Held for More Than 72 Hours. Can I Sue

    By all means speak with a local attorney who can guide you further.

    Your posting history is..interesting. No mention of this incident at all until now.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5

    Default Re: Involuntarily Baker Acted and Held for More Than 72 Hours. Can I Sue

    Yeah, up until yesterday I thought I had everything under control. After I was released I was told that the ER had a program for low income people so I made an appt. After making me wait months for an appt I finally got approved but now they say that they can't retroact help amd I'm out of luck. If I have any chance winning a suit I need to money to go towards these bills. I just don't know what I would sue for or who I would sue, the police, the ER, or the mh facility.

  6. #6

    Default Re: Involuntarily Baker Acted and Held for More Than 72 Hours. Can I Sue

    The 72 hour hold for Baker Act didn't start running until you reached the mental health facility and they accepted you as a Baker Act patient. The time in the regular hospital doesn't count towards the 72 hour hold.
    Catherine NeSmith
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