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  1. #1
    Join Date
    Jan 2010
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    6

    Exclamation False Imprisonment in a Hospital

    Public health law in the State of: Michigan

    My summary is not complete because even in summary form I can't get it all out, so please feel free to view the summary below:

    Complete Summary - Google Docs (so it's safe)

    Or feel free to read the entire complete which is really long and detailed:

    Official Hospital Complaint - Private Data Deleted - Google Docs (so it's safe)


    And definitely by all means if it would help in giving a more meaningful response, by all means, have a look at the entire medical record for that stay, including toxicology. All my personal information is removed, but I don't care because it just proves me innocent. So I got a little combative, I'm a first time drinker after gastric bypass and it hit me instantly. Coming out of that along with them giving me Haldol for whatever reason I'm sure contributed to it. I don't deny doing a dumb thing just out of lack of *knowledge* really. I will say there is an insane amount of false data (damaging stuff that's not true!) that has been brought to the attention of HHS: OCR for False Statements and there are a couple concealed events that took place missing and covered up:

    Medical Records - Private Data Deleted - Google Docs (so it's safe) - if it says it's not available just click refresh.

    I am looking for some justification. Nobody is taking me seriously. It’s a cause really, not even for the money. Money always helps but hey, it’s a mission for what’s right. The people I have talked too want to completely ignore the whole involuntary commitment part of the law and shoot right for, well, we aren’t telling you that you don’t have a case, your just not valuable enough for us. . One lawyer tried to tell me it's all irrelevant because though all blood tests were negative for everything else, just because it shows a positive for my prescription Adderall (Amph), and negative for benzo with a note that there is some in my blood, just not enough to register a positive... which duh, is my normal dose, which is barely enough to show, and that a hospital could hold me anyway for "observation?" This is the one that told me it might be a case, but not for them (Geoffrey Fieger).......defends a sleeping woman on a plane for imprisonment, but legitimate stuff ain't worth it! Just because I'm not worth a million bucks nobody cares.

    It all started with a false EMS report. I just am so ashamed and humiliated. I’ve never done anything wrong in my life, never even a traffic ticket. There are so many false statements and false histories on my medical records, which I’ve I’ve pretty much made open for anybody to see when they because I deleted all private data out of it. I don't give 2 craps, my blood results and psych report clear me anyway.


    1. Petition for Hospitalization Invalid


    You have to have a current “mental illness” AND can reasonably be expected within the near future to intentionally or unintentionally seriously harm himself/herself or another person, and who has already done so or threatened to do so;

    Definition of mental illness: 330.1400 Definition - "Mental illness" means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

    An individual whose mental processes have been weakened or impaired by a dementia, an individual with a primary diagnosis of epilepsy, or an individual with alcoholism or other drug dependence is not a person requiring treatment under this chapter unless the individual also meets the criteria specified in subsection (1). An individual described in this subsection may be hospitalized under the informal or formal voluntary hospitalization provisions of this chapter if he or she is considered clinically suitable for hospitalization by the hospital director.


    I didn't have a mental illness and never have. The stay was never certified because a psych. found me normal, but the ER doc tried to cert. saying I overdosed and it never happened.

    The petition was based on the fact that I took 2-1mg pills of Ativan... and possibly more (ridiculous) the deputy watched me take them. And "unknown amount of alcohol", which is BS too because my husband told them both how much I had (4oz vodka), first time since gastric bypass and having 2 babies in a row - it hit quick, within 2-3 minutes probably. Paramedics arrive, somehow come to the conclusion I took 81 Valium and a whole 5th of vodka somehow (it would kill me, alcohol alone), which we haven't figured out how they got that when they had my bottle. Paramedic blindly assumed because he was holding a 80% empty bottle of pills, I must have taken them all, unwarranted. The fact of the matter is always keep 10 pills in the kitchen in an original pill bottle for the occasional daytime anxiety. I keep the remaining in the master bath for my more frequent nighttime anxiety, and had someone had of asked him, he could have provided the rest. He never thought they’d take off with the bottle and make come up with crazy stories.

    Involuntary Treatment

    They unnecessarily (in my eyes anyway) forced a blind ng tube inserted into my stomach. They were told 10 I didn’t overdose, by my husband, and myself I am a gastric bypass patient and they were made clear of this several times. They proceeded to force this tube down and it hit my stomach with such impact I will never forget the pain of that. I started vomiting blood out of my mouth profusely. It is a common known thing, no “Blind NG Tubes” for gastric bypass patients.

    Had to seek an endoscopy following my discharge to rule out damage, $3900 down the drain.

    According to my charts they proceeded to pump a normal adult dose 50g charcoal mixed with 400ml (despite not needed for that type of ingestion) water and it backfired because they don’t have a clue about gastric bypass patients there and it backfired when I vomited charcoal out of my mouth at a profuse rate. In my chart: “pt only received partial dose of activated charcoal, Dr. notified”.

    They provided me a false statement justifying this incident by stating “I was given 1/2 dose” to accommodate my gastric bypass. My chart doesn’t does say that. Nowhere in my chart does it say how much. The intent was full adult dose of 50g. She was concealing event of stomach stabbing and puking blood & charcoal to make it out like did right.

    The administration of 5mg Haldol {anti-psychotic} involuntarily.

    Haldol is contraindicated for use with severe alcohol intoxication, as it has a severe risk for interactions, and could be responsible for my feelings of ‘anesthetic awareness” at varying points while in the ER.


    Denied Civil Liberties

    Pretty much all of them. More detail in links though, especially full hospital complaint.

    A patient or resident is entitled to privacy, to the extent feasible, in treatment and in caring for personal needs with consideration, respect, and full recognition of his or her dignity and individuality.

    I lost all dignity as a human when my ICU nurse, repeatedly discussed my case very loudly on the telephone. I was in the corner room furthest from the nurses’ station and I could hear all her conversations. I had a panic attack that went ignored right in front of her, and when she left my room she proceeded to go to the nurses’ station and consulted Dr. X and said, “We’re gonna need a restraint order, she’s getting kind of wild.”, followed by loudly, “Oh, she’s positive for amphetamines.

    I am legally prescribed Adderall and she went out of her way to make me feel as if I got them illegally. She said things to me like, “Where do you get it filled? And I angrily commented back, “Acme Pharmacy in ____” so go call and check!”., and she snootily responded, “I will”.

    When you announce to an entire ICU floor that So and So is positive for amphetamines, people naturally think “Meth”. I did not need people hearing my last name and associating me with meth. I’ve never done a street drug in my life. That was pretty damaging for me.

    When I forced my patient history onto the nurse I wanted to have her document my pregnancy history. I told her voluntarily that I had 4 live births and 6 miscarriages. She looked at me ever so snidely and said, “You want me to chart that? Because I will!” as if I should have something to be ashamed about. Right then and there she said, “Well, I think we need a pregnancy test.” Made me feel awful.


    [I just cut out 60% of my summary so it won't fit, but let's just say I had no civil liberties at all, threatened with restraint for no reason in the ICU, and held using an invalid petition]



    A patient or resident is entitled to adequate and appropriate pain and symptom management as a basic and essential element of his or her medical treatment.

    The pain control I received the entire time was simply to darken my room. I wasn’t entitled to anything more. Pain was a huge factor the following day on 8/17/2011 and I hurt really badly in the back after they reinjured my tailbone somehow.

    General Constitutional Rights - There are several constitutional protections which stem from the Fourteenth Amendment to the United States Constitution and similar provisions:

    Due Process - The life, liberty and property of a person cannot be impaired by the government without proper legal protections. Thus, for example, a person cannot have his physical liberty restricted without a hearing.

    I was not allowed to move a muscle without threat of restraint.

    I had no contact with outside people, including husband and physician.

    I couldn’t even use the bathroom. I did not want to sit on a portable potty in front of a sitter, it's a dignity thing.

    Worse yet, not only did I have a sitter next day, but I also had a trainee in my room. I couldn’t have felt more violated. I had to sit there with 2 people who didn’t even acknowledge me, couldn’t even talk to a doctor with privacy.

    I have had extreme emotional distress with the stigma associated with this and wish for this entire hospital record to be expunged because it is all based on false pretenses. It is a long story and the actual complaint is 10x longer, but this sums it up. I don’t even both going to bed some nights because I keep reliving this nightmare in my head. It may not sound bad in my summary but thinking about it in details sucks.

    So. The basis of all of this is on an invalid petition for hospitalization simply because you have to have 2 qualifying factors… a mental illness AND one of the 3 options, plus if your intoxicated they can’t use it against you unless a hospital director signs off on it. Trapped, no communication... false imprisonment?

  2. #2
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    Default Re: False Imprisonment in a Hospital

    See an attorney.

    Your issues go beyond the scope of an Internet message forum.

    Fwiw, your medical records CANNOT be changed. That would be against the law. What you can do, is request that further notes are added to what's already there.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Mar 2005
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    Michigan
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    Default Re: False Imprisonment in a Hospital

    I'm not inclined to read longer versions of that - if you can't put the relevant facts into a post that long, I have no reason to believe that I'll find them in other documents. I'm having a difficult time even finding your question.

    If you are stating that a probate judge involuntarily committed you based upon the petition of a doctor, following a hearing at which you were either represented by counsel or waived counsel, then I'm not expecting that there's much that can be done about that hearing and its result.

    If you're complaining that treaters were careless in discussing the details of your case, and that in theory those comments may have been heard by people other than yourself, you can make a HIPAA complaint.

    If you are complaining that you were misdiagnosed, resulting in a short-term hospitalization and an after-the-fact endoscopy that demonstrated that you were not injured by the medical treatment you received during your hospitalization, perhaps there was a violation of the standard of care but as you obviously are aware nobody is going to bring a malpractice action if there aren't appreciable damages. If you're willing to bankroll your lawyer fees and expenses out-of-pocket for the "moral victory" you may get at the end of the case, and have $50K-$100K that you can spare for that purpose, I expect that you can find a lawyer who will take your case. The problem is, lawyers aren't going to put up that amount of their own victory in order to score you a moral victory.

  4. #4
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    Jan 2010
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    6

    Default Re: False Imprisonment in a Hospital

    I was trying to put my summary together, in a reasonable fashion by posting the nicely laid out version in real document form, because it's rather difficult to do that on here. If details aren't important, such as my constitional right that "to Not be Involuntarily Confined to a Mental Health Facility Unless Certain Minimal Legal Standards Are Met, and that little one called due process, as well as all the civil liberties I was due as a patient in the state of Michigan, each one outlined with what occurred that make it a possible case, then I would question any judgement from a person that didn't want the details. I am not asking for legal advice, I was looking for an opinion, based on the facts and the details... because in this case, the details are important. Especially since there is also an investigation going for them violating federal law under 18 U.S.C. § 1001 for Fraud & False statements, in which case, happened to be my medical records for falsifying information, as well as a HIPAA violation investigation. Also the resulting insurance fraud. Of course, that's why I said in general my story is a little bit of this and a little bit of that, but after looking at the overall picture, false imprisonment was the overall reason. I don't care 2 crap loads how much it costs, geez, I could probably spend $50K to figure it out, I have it, because it involves me, my reputation, my ability to get insurance in the future and how the medical world looks at me in general. If I should cut it down to a few lines, here:

    In the state of Michigan in order to file a petition for hospitalization (involuntary): To be a person requiring treatment, the individual MUST have a mental illness (not disorder) AND at least one of the following factors:

    A) Can reasonably be expected within the near future to intentionally or unintentionally seriously harm himself/herself or another person, and who has already done so or threatened to do so; or
    B) Is unable to attend to his/her basic physical needs such as food, clothing, or shelter; or
    C) Is unable to understand his/her need for treatment which may result in significant physical harm to himself/herself or to others.

    and

    An individual whose mental processes have been weakened or impaired by a dementia, an individual with a primary diagnosis of epilepsy, or an individual with alcoholism or other drug dependence is not a person requiring treatment under this chapter unless the individual also meets the criteria specified in subsection (1). An individual described in this subsection may be hospitalized under the informal or formal voluntary hospitalization provisions of this chapter if he or she is considered clinically suitable for hospitalization by the hospital director.

    So, before anything else can be said, I was intoxicated, which automatically means this person can't file this petition based on that. Aside from that, the only "observance" was that I said "let me die" while being treated by paramedics, which I do not believe constitutes any reason that should make an officer believe someone is a "person in need of treatment".

    Secondly, I do not believe any petition or certificate was ever filed with any court. The petition has to be accompanied with 2 clinical certificates. They only had one because a psych ruled absolutely nothing wrong with me. The petition specifically states to explain in detail specific actions, statements, demeanor, and appearance of individual along with other information... and this is not done. This is the only certificate below. You will see that a) box 3 & box 4 are unchecked (but a subcategory of box 4 is), box 5 is his diagnosis, which was untrue at time of signing based on medical records, box 6 asks for facts and one word isn't a fact. Fact is intoxicated, not "overdose". Typically one would expect a detailed finding written here. Ok, overdose... on what? Plus details. Based on the image below, forgetting everything else that happened, involuntary treatments, civil liberties, whatever, did the hospital have a right to keep me. Once I became competent, within 4 hours? Shouldn't I have had the right to leave AMA? To be able to contact someone? Not to be locked in with threat of restraint?


  5. #5
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    Default Re: False Imprisonment in a Hospital

    I'll attempt to help, but you have to attempt to drastically cut down on your info to just the simple facts of the case.

    I gather that you claim that you were improperly admited to a hospital for treatement, lets deal with this issue first and then will move on to whatever else is claimed.

    You stated that MI requires certain criteria to be met before an involuntary admission by petition is executed. What chapters are you basing this on? The chapters that I looked through did not have the same info as your quoting.

    Lets see if we can reconcile this first.

  6. #6
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    6

    Default Re: False Imprisonment in a Hospital

    Petitioning:

    330.1434 Petition; filing; contents; clinical certificates.

    http://www.legislature.mi.gov/%28S%283ia1nj55eg4c1kv2tkk44z45%29%29/mileg.aspx?page=getObject&objectName=mcl-330-1434&highlight=petition

    330.1401 “Person requiring treatment” defined; exception.

    http://www.legislature.mi.gov/%28S%2...D%20processes\

    MCJI Chapter 171

    http://www.courts.michigan.gov/mcji/...printCh171.htm

    Then it's down to the county level with the forms:

    http://courts.michigan.gov/scao/cour...lth/pcm201.pdf

  7. #7
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    Default Re: False Imprisonment in a Hospital

    And you have told us that the doctor did in fact file such a form. You haven't told us how the judge ruled.

  8. #8
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    Default Re: False Imprisonment in a Hospital

    It never went to a judge. That's what I'm trying to say, there's no way they could have submitted this form incomplete and lacking such detail. The petition had to be accompanied by 2 clinical certificates in my case, one by the ER doc and one by a psych. who said I am, normal, no problems. He's the only guy that looked at my records and shook his head and say go home, have a nice day. The petition itself lacked merit, and being I was intoxicated (at home) they couldn't have used a petition on me anyhow. I literally didn't do anything wrong, except have my first drink (a hard one) post-gastric bypass, and I'm never doing it again after what I went through. I was hoping to get some sort of response as to what grounds did the hospital have to force me to stay aside from waiting to sober up? This whole petition thing was the basis for the rest of the message which then goes into constitutional type laws and patient rights. Because I literally couldn't move a muscle and the things they did to me i'll never forget and my own husband had no idea what to do or how to find out what's going on.

  9. #9
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    Default Re: False Imprisonment in a Hospital

    If the form was never used, even if it was completed, it's irrelevant.

  10. #10
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    Default Re: False Imprisonment in a Hospital

    Alright, after wading through a lot of junk I found the crux of the issue on the involuntary confinement in the hospital.

    When EMS personnell hear "just let me die" the only conclusion is that the person has thoughts of self-harm. That is to protect the patient and the EMS workers. They don't have the time to sort it all out on the spot, plus they are not qualified to do mental examinations. The EMS workers spotted a nearly empty pill bottle and by your own admission intoxicated. The EMS workers are not going to act solely based on what your husband says happened, because people lie (even if didn't happen in your case, think about if your husband was trying to harm you). The EMS may have jumped to conclusions about some things, but it appears that all of their actions were in an attempt cover your best interests. I see no liabilty on their part.

    At the hospital, the doctors took the information and proceeded to act upon it. Under MI 330.1423 the hospital can admit you until you are evaluated by a health professional to determine if you are a person in need of service. You were held until evaluated and then released according to the MI code.

    The other issues I'll address as well, but I want to ensure that you understand the hospital followed the law when dealing with your hospitalization as far as holding you until you were deemed not a risk.

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