A failure to rescue

Question

My 24 yr old daughter who most likely had PTSD from a molest as a child and her fiance hanging himself over an argument with her on the phone had 2 severe anxiety attacks in one day. That was very uncommon for her. I took her to the emergency room to see a doctor. the same hospital she had been in for an attempted suicide 3 years earlier and the doctor listened to me tell her story as she sat crying he asked her 3 questions one whats going on two do u feel like hurting urself and 3 do u like colozapram she said no then he said how about xanax she said yes. She said she had not had any in months but he still gave her 30 1 mil. The same day 18 hrs later i found her hanging in her closetafter taking the xanax. I looked everywhere but could not find an attorney to take this case even tho my friends friend who is a lawyer for a hospital said if he only spent 10 min with her its a failure to rescue. Someone please tell me its true and how to find a lawyer

Answer

First, let me just say how truly sorry I am. I hope

your heart has begun to heal a little bit at this

point.

About your post: I’m not a lawyer, but I know that

prescribing Xanax in particular has been the subject of

some controversy and lawsuits concerning patients

committing suicide. I would consult a medical

malpractice lawyer and see if he or she can review your

case. Do it as quickly as possible, since there is

often a statue of limitations on these things.

Again, I am sorry for your loss.

Answer

Physicians in most states have the authority to

involuntarily commit a patient to the hospital if they

are deemed a danger to self or others. It's a

responsibility that most take seriously. Depriving

someone of his or her right to leave freely and

confining them against their will is a big deal. If

we are to confine someone against their will and

essentially violate their rights, there ought to be a

VERY good reason. In your daughter's case, she denied

any intention of harming herself. As such, she should

have been free to go. It's a tragedy that she killed

herself, but we can't be expected to predict the

future. We can only operate on the information we're

provided.

Sorry for your loss.

A failure to rescue

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