Does My Brother Have A Case?

Question

My brother and I were at a bar, but when I left, he stayed behind (he was making friends and what not). My brother is 21, but I'm 19 years old (still they served me alcohol without ID-ing me). Anyway, I spoke to him @ 10pm, and he was fine, as did my father at 11pm. At 2am, I received a call from the police saying that he had gotten into a 'little altercation, and that he was sleeping, so that I shouldn't bother to get him until the next day.' Well, I wasn't going to be able to go back to sleep after hearing that, so I went to go pick him up, and got to the hospital at 4AM. When I got there, he was separated in a room away from the other patients, with an officer outside of his room. He was handcuffed to the bed, restrained with a vest that was attached to the bed, as well as sedated with Adavan and something else (started with an 'H'). He was completely unresponsive. He had a nice shiner coming in on his right eye/cheek, a lump over his left eyebrow, an abrasion above his (cont'd)

right eyebrow, another underneath his right eye, and one on the bridge of his (swollen) nose. His lips were bruised, with abrasions inside also. Later, I'd also notice that he had scrapes on his lower back and right shoulder blade/shoulder. The police said that it was called in a barfight, which is when they found him alone on the street corner. No report was made about the assault, just that he was intoxicated. Also, even though he had a catscan to check for internal bleeding, the discharge papers from the hospital just claim the he was treated for alcohol intoxication. There's something suspicious about how no one knows what happened (my brother can't even recall anything other than a few things from the evening). Can my brother press charges against anyone in this situation? The hospital and police mistreated him, as if HE were the criminal, not the victim, and the bar kept pushing drinks on him when I was there (overserved him, and did not card me). Will any lawyer take this case?

Also, his debit/ATM card is missing, which the bar is claiming that they gave back to him. He has all of his other belongings (iPod, wallet w/ cash, phone), and someone went back inside to get his jacket, etc.

Can he press charges against the hospital, the police, the bar...anyone?

Why didn't the police file a report for the assault he experienced?

Also, the hospital staff said they wouldn't have basically knocked him out with the drugs if someone had been there when he came in. Well, they didn't give me the chance to come in, as they never contacted me until 2 hours later. He was brought in at 12:00AM, and I was called at 2AM. What the hell happened in those 2 hours?

Our father spoke to him just before the incident (according to the officer's timeline), and my brother was in no way aggressive. Also, they could have poisoned him by giving him the drugs they gave him. Restraints on his legs, a straight jacket, and being in police custody is beyond excessive. Of course he was pissed - he was handcuffed at the scene, although he was the one that had been beaten and left in a puddle.

Yes, he is fortunate that they didn't leave him on the street. Still, they could have treated him better and with more sympathy. He was the victim.

Our father spoke to him just before the incident (according to the officer's timeline), and my brother was in no way aggressive. Also, they could have poisoned him by giving him the drugs they gave him. Restraints on his legs, a straight jacket, and being in police custody is beyond excessive. Of course he was pissed - he was handcuffed at the scene, although he was the one that had been beaten and left in a puddle.

Yes, he is fortunate that they didn't leave him on the street. Still, they could have treated him better and with more sympathy. He was the victim, and the bar was negligent in how much they served him.

Also, they didn't "stabilize" him - they drugged him!

He remembers everything up to the point of actually being in the fight. Which means that it wasn't the alcohol impairing his ability to recall the incident. Perhaps it was the beating to his head that knocked him senseless. According to one of the officers, it was 3 or 4 guys that assaulted him. If anyone attacking my brother below was beaten by 3 or 4 guys, I'm pretty sure you wouldn't know what the hell happened either.

Answer 1

"Will any lawyer take this case?" - Some shyster will.

Answer 2

Okay, first of all from my previous work experience I know that when officers get called to a fight in progress and if both people or only one person is left on the scene, if he was as cut up and beat up as you say he was they took him to the hospital to be treated for that. With him being intoxicated he prob fought them and thats why they had him sedated and strapped to the bed, I know it is also policy at alot of places that they have to have an officer stay outside the room or inside the room with anyone they transport to the hospital. If there were no witnesses to the crime and they have no where to go there is no one else to charge, especially if your brother doesnt remember anything...Hope that helps!

Answer 3

how was he mistreated, unless you can prove (can you say videotape) that it was the police that beat him up then there was no mistreatment
have you ever seen how violent a person with alcohol poisoning can get when brought into the hospital and they don't have a clue whats going on because of all the poison overloading there system, the hospital staff probably had to restrain him for his own good and there personal safety
what would you guys have preferred, that the police leave him on the side of the street to die or be murdered

what happened in those two hours? the hospital had to stabilize him (alcohol poisoning can be deadly you know) then worry about who he was and who to call on his behalf

Answer 4

I can guarentee you he was not "knocked" out as you put it because you weren't there -- he was sedated probably because he was a danger to himself and others. Mainly the staff -- and the staff does not and should not have to lay their safety and well being on the line because your brother got drunk and in a fight.

As for suing - sue who? Even your own brother was too drunk to know what happened --- so you want to sue a hospital who evaluated him? For what....giving health care? Sue the police for what...not being able to travel back in time and see what happened???

Here's a thought -- don't get sloppy drunk to the point of not remembering what happened and things like this won't be an issue in the future.

Answer 5

Who is he going to sue and for what?