Is it legal to treat a 73 year old male for alcohol withdrawal when he did not want it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to treat a 73 year old male for alcohol withdrawal when he did not want it?
He went for chest pains and doctors without consent started detox against his will. He’s currently still hospitalized with complications.
Asked on March 4, 2015 under Malpractice Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The issue is whether the detrox treatment appeared to be an urgent necessity or not. If to the doctors, it reasonably appeared,in good medical judgment, that they had to being the treatment to save his life and/or preserve his health, then they could do so. If it was not urgent, then they should have obtained his consent. Emergency treatment is generally considered or reviewed under a different standard than non-emergency.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.