Results 81 to 90 of 90
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September 28th, 2020, 09:57 PM #81
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
Something very easy to say for someone that's fully aware of the ramifications of a 302. Chances are, his wife doesn't know, and the OP probably never gave it a thought before that night to even discuss it with her. You have to remember that those of us that frequent this forum, are not like the rest of the people. We're aware of these issues. Most people are ignorant of what a 302 is, and how it can affect you for the rest of your life. She made a mistake, and chances are, she wasn't informed by the hospital staff, probably handed her a clip board and said "sign this so we can get him the treatment he needs".
The reason why I'm coming down hard on the divorce talk is because it's no one's business to try to interfere in the OP's marriage. It's a dick move to even suggest it, considering you know nothing about him or his wife. Answer the questions that he asked, he never asked if he should divorce his wife because of it.Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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September 28th, 2020, 09:59 PM #82
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
"Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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September 28th, 2020, 10:06 PM #83
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September 29th, 2020, 08:35 AM #84
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
"Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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September 29th, 2020, 01:58 PM #85
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
Ianal but as I stated 2x earlier in this thread the doctor is immune to legal action as the legislature did not want doctors to have any personal liability curbing their decisions to 302 people. You can*t sue the doctors or hospitals even if you have proof it was not called for or was done by mistake. The form is the Involuntary commitment Itself not any actual forced detainment. Remember we didn*t and don*t argue for mental patients to retain their god given inalienable constitutionally recognized right to arms.
The Gun is the Badge of a Free Man
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September 29th, 2020, 04:14 PM #86
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
But is one suing the doctor and hospital for filing a 302, or is he suing them for failing to keep and process the correct rescinding paperwork, which ultimately cost him money and led to his rights being violated? The hospital has not only an obligation to file a 302, but an obligation to maintain proper records in an event like this.
Resistance to tyrants is obedience to God.
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September 29th, 2020, 06:32 PM #87
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
Ed, there's a thread just below this one, "My 5 year 302 battle....", that I hope you've seen. I'm sure the details are different from yours but it is a good insight to the nature of the beast. It clearly shows to what ends the PSP will go to to keep a 302 owner in the prohibited category. Proceed carefully here as improper action or inaction may seal your fate. All the best wishes for a good resolution.
Bbo DLast edited by bug; September 30th, 2020 at 09:47 AM. Reason: typo
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September 29th, 2020, 06:34 PM #88
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
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September 30th, 2020, 08:14 AM #89
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
A 302 is a forced detainment, no different then an arrest. You can not leave, and if you try to do so, force, up to and including the same force (lethal) which would be used to keep you from walking out of a jail will be used.
And I do. If a person is so dangerous due to mental incapacity that they can not have arms, they*re simply to dangerous to be in public at all, and require inpatient treatment until cured.
As to suing; if it went as the OP stated, it is gross malpractice. Which is why the doctor tried to cover his ass and have the wife sign it, instead of doing it himself. If the OP*s wife can articulate that she was mislead by the physician and did not give informed consent because he failed to properly education her and or mislead her about the legal ramifications; His actions show a deliberate effort to *shift blame* and *cover up his illegal actions and malpractice*."Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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September 30th, 2020, 08:30 AM #90
Re: PA PICS Denial and Challenge Question - Wait until you hear this one!
This maybe helpful. It is a high bar, but they do not have blanket immunity. Likewise, the preceding section says drugs or alcohol are prohibited from being grounds for a 302.
https://www.pitt.edu/~kconover/ftp/302-text.pdf
immunity from civil and criminal liability.
(a)
, a county administrator, a director of a
facility, , a peace officer or any other
who participates in a decision that a person be examined or treated under this act, or that a
person be discharged, or placed under partial hospitalization, outpatient care or leave of absence, or that the restraint upon such person be otherwise reduced, or a county administrator or other authorized person who denies an application for voluntary treatment or for involuntary emergency examination and treatment,
(b) A judge or a mental health review officer shall not be civilly or criminally liable for any actions taken or decisions made by him pursuant to the authority conferred by this act."Cives Arma Ferant"
"I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001
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