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  1. #1
    Join Date
    Apr 2013
    Posts
    1

    Default Wrongful Baker Act

    My question involves medical malpractice in the state of: Florida.

    Hello all,
    So my problem is this, in 2010 I was baker acted. And I was baker acted because after some drinks I became aggressive/violent. That's what they say at least.

    What really happened. In 2008 I was in a very bad 4wheeler accident resulting in permanent brain damage. That evening of 2010 I'd been drinking. I went to play fight with a friend of mine, I got knocked to the ground and hit my head on the concrete, hard enough to lacerate my scalp under my hair. I believe that caused a hematoma (which I'd had before and resulted in the exact same behavior then too. Hematomas do cause behavior changes often and is listed as a affect by webMD.) Once this happened and I became aggressive I was taken to the ER and quickly deemed mentally unstable and baker acted. I wasn't treated for my injury. I was pawned off on a mental health facility. Well, come the next morning, I find myself in with addicts and crazies. One hell of a headache too. I spend the whole day there being blatantly ignored, because of the fact that I seemed perfectly sane and normal. The next morning they allowed me to release myself.

    I was planning on forgetting that it had even happened and being more careful about hitting my head. Until I went to get my concealed Carry permit (I served In the army and could have just applied with my dd214 but wanted to take the class and learn the laws in detail). Well come to find out that because I'd been baker acted I can't get my permit. And had I sent my application in I would have been committing a crime as well, a felony!

    I want this to go away. I want to get my permit. And I don't want my records to show me as some mental case.

    The hospital should have treated me for a head injury, instead they sent my to a mental facility. And charged me for it to boot!

    What do I do? Is there anything I can do? I have NO disposable income to get an attorney. Am I just screwed?

    Thanks in advance to any and all who are willing to offer any advice.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wrongful Baker Act

    Here's the thing: If you have an underlying medical condition from an accident, such that a subsequent bonk on the head can send you into a violent frenzy requiring a police response and subsequent inpatient medical treatment, you're actually making a strong case for why you should not be permitted to possess firearms.

    Also, even if you're right, speculating that you had a hematoma, and speculating further that your psychiatric symptoms resulted from a hematoma, is a long way from actually documenting either that you had a hematoma or that your behavior was not rooted in psychiatric illness (consistent with your actual diagnosis and actual treatment), even if the psychiatric illness is secondary to a prior brain injury. Do you have a doctor who is prepared to support your interpretation of that history?

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