QUESTION
Should I sue the hospital for unlawful detainment?
Asked on Dec 09th, 2012 on Personal Injury - New York
More details to this question:
I went to a hospital to warm up and to be possibly evaluated. I was sitting there weighing my options. I was there the night before to call my sister. Security stops and asks if I was here to see anyone or be checked out with an attitude in his voice and said no. He asked for an ID and I said that I need not show one. He got angry and screamed stop. He says I was trespassing. He followed me to the ER bay, grabs the back of my coat, put cuffs on me and took me to jail. I’m going to fight it. My court date is December 1. I was not read my Miranda rights.
5 ANSWERS
Ronald A. Steinberg
You were loitering. The security guard had the right to question you. If you "copped an attitude," then you could be charged. The security guard is there to protect people who come to the safe haven of a hospital. If you are there and there does not seem to be a legitimate reason for you to be there, then you would (and should) be asked to leave. If you won't go voluntarily, then you have to deal with the consequences.
Answered on Dec 28th, 2012 at 2:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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When security asks you for ID or leave and you don't cooperate you are trespassing. Why don't you get your attitude right and move on with your life you don't go to hospitals to "get warm" you go for medical care.
Answered on Dec 13th, 2012 at 9:17 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Hospital ER's are targets for strung out druggies looking for any kind of high they can find. Walking around a hospital, grabbing some scrubs out of the laundry, slipping into them, walking to the crash cart...... Sounds like the officer did the right thing from his perspective. You should have fainted. You would have avoided arrest and gotten warm and drugs. You might have snagged a meal of cookies and tea too. Learn from your mistakes.
Answered on Dec 12th, 2012 at 12:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is very doubtful that you have a case against the hospital. By your responses to the security guard you establish that you had no business being there. Good luck.
Answered on Dec 12th, 2012 at 12:52 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't sue the hospital unless and until your tresspassing charges are dismissed. But you were trespassing, you should have shown the security guy your ID and he doesn't have to read you your Miranda rights unless he's going to ask you questions.
Answered on Dec 12th, 2012 at 12:51 PM