I don't even pretend to be a lawyer, but how does this work?

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BBQJoe

BBQJoe

Void where prohibitied
Neighbor
Joined
Dec 10, 2017
Messages
468
Location
NW Arizona
Person A calls the cops on person B, possibly claiming they are dangerous to themselves, and maybe others.

The cops haul away person B, and place them on a 72 hour psych hold.
Person B is observed, and in less that 12 hours is deemed just fine and no danger to anyone, and released.

Person B receives a bill from the observing hospital for $12,000.

AFAIC, shouldn't the person who called the cops pay the bill, as well as face some sort of charge for instigating false imprisonment, or filing a false report?
Maybe the police dept should pay for ordering it?
I have no clue.
__________________
 
Anyone can call the cops to report what they feel is the right thing to do. It is up to the cops at the scene to determine if this person is a danger to himself or others (5150 WIC). Once the cops believe this person falls into the category to place a hold, it is still up to the presiding physician for the 72 hour hold. I've brought in many folks who I believe were 5150 WIC, buy it was decided that they did not fulfill the true requirements, and were released immediately. If something happens to someone as a result of this misdiagnosis, the monkey falls on the hands of the doctor's malpractice insurance.
 
The doctors never gonna get paid anyway...unless they are affluent teens with suicide threats, probability is such that they don’t have insurance coverage or cash to pay. So the rest of the insured or the state eats the cost, the doc gets a minimum per diem ( or quits) and the person gets a credit hit. Yay American mental health!
 
havasu said:
Anyone can call the cops to report what they feel is the right thing to do. It is up to the cops at the scene to determine if this person is a danger to himself or others (5150 WIC). Once the cops believe this person falls into the category to place a hold, it is still up to the presiding physician for the 72 hour hold. I've brought in many folks who I believe were 5150 WIC, buy it was decided that they did not fulfill the true requirements, and were released immediately. If something happens to someone as a result of this misdiagnosis, the monkey falls on the hands of the doctor's malpractice insurance.
Click to expand...

Here if we get a report, the officers go out and meet with the person on scene. If available a mental health counselor from our contracting service meets us there for a preliminary assessment. If either the LEO or the counselor feels a deeper assessment is warranted they are place on a temporary hold and transported to the closest ER. The ER will either assign a physician or a psychologist to complete the assessment. The person will either end up on a 24 hold (at the ER), a 72 hour old (mental health floor of hospital), indeterminate placement (transfer to mental health facility) or they are released. I have done this dozens and dozens of times and it's happening more and more every year. While many times the person I picked up was released, I never once took someone to the ER who was not of seriously questionable mental health.
 
There are lawyers who don't charge a fee for the first visit, and that's good, for someone who just wants to know if they have been done wrong or not.

Seems like there are people calling the police at the emergency number who instead should be calling the non-emergency phone number.

It also seems like the department of social services in my area get involved no matter what the police call or the age of the person called upon, for the most part.

Divorces are special here, seems like everyone wants to call the police on their spouses, to claim the spouse is nuts, so to have a police record to take to the family judge, hoping to win sole custody of a child/ren, or to use as revenge towards their spouse.

Too much of this kind of stuff going on in our world today. :(
 
If the sheriff gets a call about me they are likely to show up for coffee. I know the local deputies because I went through the citizens class and got to meet half the deputies. I also have a friend who works as a guard at the jail and I have been over helping him when the deputies show up to buy guns or just chat. I have to go down and renew my CPP (concealed pistol permit) so I get to visit with them. I should do that today.
 
BBQJoe said:
Person A calls the cops on person B, possibly claiming they are dangerous to themselves, and maybe others.

The cops haul away person B, and place them on a 72 hour psych hold.
Person B is observed, and in less that 12 hours is deemed just fine and no danger to anyone, and released.

Person B receives a bill from the observing hospital for $12,000.

AFAIC, shouldn't the person who called the cops pay the bill, as well as face some sort of charge for instigating false imprisonment, or filing a false report?
Maybe the police dept should pay for ordering it?
I have no clue.
__________________
Click to expand...

To respond to your specific questions: Person B is responsible for the costs of their own medical treatments, self initiated or otherwise. No different then if someone gets into a car accident and the police call for an ambulance. The person provided medical care is always responsible, but often times their insurance will go after another party if there if some reason to believe it is not their own fault. But that is a civil matter.

You can't be placed on a 72 hour hold without first being observed by medical staff. You can't be observed with out clear evidence to indicate a mental health concern. So if someone was held for 12 hours there had to at least initially been a documented event or statements that met the legal requirements to detain the person for assessment. I have never once seen someone placed on a 72 hour medical hold be released early.

I would be extremely suspect of someone claiming that sitting in an ER for 12 hours cost $12,000. The last time we detained a someone for mental health concerns that was released into the care of their own counselor, the bill was approx. $1,100. I know because they attempted to sue us for payment and the case was tossed out by the Judge. They were held for around 7 hours.

The person who called the cops would only be liable for payment (and possibly arrest) if it was clearly a case of using the police/hospital to go after someone. As in they made up the situation in it's entirety and there was never any threat or mental health concern of any kind. But for the person to be held for 12 hours would in and of itself be evidence that in your situation something happened that concerned the LE or medical staff. It is very easy to tell the fake calls from the real calls and just like in criminal cases there is almost always some other tangible evidence (email, text, taped observation, etc.).
 
BugoutBob said:
What I want to know ...is why in the world ....would someone in their right mind .... even want to pretend to be a lawyer
Click to expand...

The rates for a fake lawyer are much cheaper and your just as likely to get good advice. ;)
 
Sentry18 said:
To respond to your specific questions: Person B is responsible for the costs of their own medical treatments, self initiated or otherwise. No different then if someone gets into a car accident and the police call for an ambulance. The person provided medical care is always responsible, but often times their insurance will go after another party if there if some reason to believe it is not their own fault. But that is a civil matter.

You can't be placed on a 72 hour hold without first being observed by medical staff. You can't be observed with out clear evidence to indicate a mental health concern. So if someone was held for 12 hours there had to at least initially been a documented event or statements that met the legal requirements to detain the person for assessment. I have never once seen someone placed on a 72 hour medical hold be released early.

I would be extremely suspect of someone claiming that sitting in an ER for 12 hours cost $12,000. The last time we detained a someone for mental health concerns that was released into the care of their own counselor, the bill was approx. $1,100. I know because they attempted to sue us for payment and the case was tossed out by the Judge. They were held for around 7 hours.

The person who called the cops would only be liable for payment (and possibly arrest) if it was clearly a case of using the police/hospital to go after someone. As in they made up the situation in it's entirety and there was never any threat or mental health concern of any kind. But for the person to be held for 12 hours would in and of itself be evidence that in your situation something happened that concerned the LE or medical staff. It is very easy to tell the fake calls from the real calls and just like in criminal cases there is almost always some other tangible evidence (email, text, taped observation, etc.).
Click to expand...

$12000 for mental health obs would be high. But a major part of that work up is making sure that if they go to 72 hour hold, that they don’t go there and die. We had a lot of involuntary holds, fake aches and pains, trying to get released to a medical ward. Most mental health wards want a clearance prior to accepting them because medical treatment in conjunction with mental work up just complicates matters. If they complain of the worst headache of their life, they may have bought a CT and a spinal tap. If they start complaining of chest pain, they are getting a hefty bill for cardiac work up. The worst thing you can do if your brought into an ED is embellish. Their sole job is to rule out a medical problem that could kill you promptly. Give them a lot of false roads to go down and your going to get a collection of big bills for every road they have to travel down.
 
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