Tag Archives: 303

How to overrule a 302 Mental Health Commitment on misdiagnosis

Q: My friend has been placed though a 302 filing on an ” involuntary inpatient medical treatment” He got into a physical confrontation with no physical harm done to the other party or himself (both male). He was arrested and taken to the hospital for an emergency evaluation, because the other party made accusations that my friend had a mental problem. At the emergency evaluation the psychiatrist wrongfully diagnosed him as” Bi-polar”. This diagnosis was contradicted by a 2nd opinion and evaluation a few months ago with” Post Dramatic Stress Disorder”. To make matter worse, my friend is still been injected with medication for Bi-polar with heavy side effect, which he reported to his physician. He was forced to continue the injection treatment which alters his brain chemistry. What can be done?

A: No one can answer this without a lot more of the facts being known. The hospital and medical people will not talk to you unless you are next of kin, have a signed Release from him or are his Agent on a valid POA. All I can tell you is, and I am assuming he is still committed, is to ask his attorney or Public Defender what happened and why he is still being detained and medicated inconsistently with his diagnosis. If you get no answer or insufficient answers, you can only hire an attorney who can visit him, talk to his doctor, look at the record and if necessary seek relief from Orphan’s Court.