need a lawyer?
Ok if you knanything about the law or medician pleases give me your advise??? Ok well my dad went back in 2001 and was in and out of the hospital and one day he was in the local hospital and our family told them not to give him demerol and they did and they anyway and then he went to 2 more hospitals and they all gave him demerol and even though we complained about him behavor when he was on it and there was nothing done and then one time he was on it he was really messed up and stole drugs from the hospital and and went back to his room and then they found him and charged him with a felony well it turns out he's allergic to demerol and nobody noticed it or wanted to notice it now i need some legal medical advice please help can the felony be dropped and is it there fault
Additional Details
2 minutes ago
if you wanna be negative about this then dont bother that means you kristy or squawwitoutamule!!!!!!!!!!!!!!...
2006-09-12 19:46:37 · 6 answers · asked by americanhousewife 1 in Politics & Government ➔ Law & Ethics
I am a lawyer and the main point your lawyer is going to try to prove is that your father wasn't in the right state of mind to request the medication. See if your father requested the medication it doesn't matter what the family said. What the hospital lawyers will argue is that your father was in the correct mind state and therefore he could request the medication.
2006-09-12 20:57:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The criminal problem from stealing the drugs is not going to go away because the hospital seems to have some liability for getting him started down that path. It may be a mitigating circumstance particularly if this is his first offense. If the idea that "the drugs made me do it" was a defense in criminal matters most of the people in prison would be out tomorrow.
However that does not mean that he still may have a civil case against the hospital if they gave him a drug that they shouldn't have. It would require some evidence that they should have reasonably known that he was allergic to the drugs he was receiving.
This sounds like a mess that you and your Dad will not be able to handle without a good civil and criminal attorney. Depending on his financial situation he may be able to use the Public Defenders Office and in most cases they are as good as a private attorney. The yellow pages or Internet could guide you with a civil attorney.
2006-09-12 20:09:59 · answer #2 · answered by ? 6 · 0⤊ 0⤋
I worked in a hospital and seen this more often than people know. There are some reactions that people have, due to being allergic to medication, that can cause them to become violent, or destructive, and not realize they are doing it. You need to find yourself a good lawyer and start a lawsuit against the hospital AND it's staff members that were involved. If you and your family informed them of what was happening, that drug should have NEVER been given to him. That is illegal, and they can be held accountable for the repercussions. Once you settle that, (which can take some time) and they determine that your father was not at fault, and did not willing do those things, the felony will be dropped. Good Luck.
2006-09-12 19:52:58 · answer #3 · answered by teeniey37 4 · 1⤊ 0⤋
documentation, proof of what you say, that is what the courts will look at. verbal statements carry little weight. get testimonials from everyone you can. lawyers look at what they can proove in court. if no-one will testify. you don't have a case.witnesses that you told the hospital not to use demerol. oyherwise its your word against theirs.
2006-09-12 19:55:59 · answer #4 · answered by sllyjo 5 · 0⤊ 0⤋
You should get some legal advice from a attorney
2006-09-12 19:51:17 · answer #5 · answered by aznflippgurl 5 · 1⤊ 0⤋
you should have already gotten a lawyer and explained your situation to him instead of boring the rest of us. what did you do before yahoo answers sit in a corner and not make any decisions for yourself. dee dee dee
2006-09-12 19:50:54 · answer #6 · answered by tj_george2 2 · 1⤊ 1⤋