How Can I Have My Wife Released From a Mental Health Facility if She and Her Rights Are Being Violated?

Question by cjsimmons269: How can I have my wife released from a mental health facility if she and her rights are being violated?
I have a concern in reference to my wife. She is bipolar and pregnant which meant that her medication wasn’t’t working as well as it should. Due to lack of concentration and focus, I admitted her to a mental health facility so that they may find a way to manage/change her meds. This was over 1 month ago. Since this time, my wholesome Christian wife has been exposed to vulgar language, has picked up profanity, has learned of prostitution and drugs. Worst yet, she has been violated (touched) on 3 occasions. This is absolutely not what I (we) signed up for. Most recently was last week when a patient touched the front of her genitalia. This is absolutely unacceptable! At this point, I decided to have her released. After all, she went in voluntarily. She made the request which meant that an MD had 4 hours to respond. Shouldn’t be her decision to make? I arrived and the doctor began looking at me harshly through the window. He came out with a nurse and was instantly agitated stating that he is “tired of having to come up here”. First of all, it is his job. Secondly, he was on staff in the clinic. From what I have seen, much of the staff tends to stay in the office and drink coffee ignoring patients request. They hand them crayons and let them watch TV. This isn’t’t therapeutic in my opinion. I fully understand that patients may become stir crazy and want out even if they feel that they are okay. However, I know my wife better than the doctors, better than staff, and better than her family. She is my very best friend. In addition to being my wife, we share everything together. Most importantly, I know her personality and changes in it and I see that she has improved.

Back to this doctor. After explaining these concerns the nurse said that she was not violated…that she is lying. I explained that when I arrived that I walked into her room where she was crying to a CA and telling the story. The nurse said “no you didn’t…it never happened”. Now I was lying?? I then asked why that patient was placed on restriction and moved to a different floor unless there were complaints. At which the nurse said that he wasn’t. This patient was obviously very ill and I doubt that he was released. This again was the third time that she has been violated which is why I had her switched from the 3rd to the 2nd floor. The doctor then became combative though I was speaking calmly yet sternly due to the lying accusations. He told me that I had no authority and that he is going to get a court order. I again tried to explain my concerns. I stated that emotionally this has been difficult on her and she is not receiving the treatment that we anticipated. I told them that I know longer wanted her to continue with ECT due to my wife being pregnant. He said that was her decision and not mine. I told him that I would tell her (which she decided to have one more if it meant that she could be released). The MD said if she refused that he could court order that as well and that she is a danger to herself. Not once has my wife attempted suicide. She was depressed a year ago due to our separation and the loss of her father. We now have 2 beautiful little girls and a baby on the way. She would never take her life. And running an electrical current through her brain should be her decision to make. This is a medical clinic…not a prison after all. The doctor became so angry that he walked into the center room with the nurse. He began yelling and pointing to me, speaking to the nurse. Worst yet, he began being very obscene and using profanity about me. I heard him say: ‘F’ this guy, he has no ‘F-ing’ clue what he is talking about. And knocked on the door and said “you do realize this is glass and that I can hear you”. The nurse later said he was speaking to her. This for one wasn’t true. And secondly, by saying that she admitted that he was indeed cursing. This was unprofessional, childish, and disrespectful. What sort of ethics did he learn in med school?? I then mentioned getting an attorney. After that, they took my wife’s ‘blue band’. After 30 days, she earned that and had only been outside twice. It was petty and spiteful. She earned that right after a month to once again be a part of the real world as opposed to the lack of reality she has endured.

Staff has discussed her treatment with her family when there is no release of information signed by my wife. This is a direct violation of HIPAA. She has asked to speak to her doctor and the social worker said that she was not there…walked into a room…and there we saw her doctor sitting as the door closed. She lied to us yet we have been called liars. My wife has been violated and disrespected. She is easily intimidated so she goes along with much of this out of fear the staff will keep her longer. She and I now feel that she is a prisoner more than a patient. Someone to be a bed filler so the clinic can collect it’s money from the insurance. Her being admitted has even cost us our children. CPS now has them and we cannot get them back as long as she is in there. She can’t even see them now that her blue band was taken away. My wife has been violated and so have her rights. This is all unacceptable and has been a nightmare. I am so regretful for bringing her in and will never make this mistake again. My question is…what can I do to have her released. Do I need to begin contacting an attorney? Do I need to contact the Office for Civil Rights to report the HIPAA violation as well as the Advocacy for Mental Health? I will do whatever I need to in order to protect my wife and prevent anything further to happen to her or her well being. My once innocent and loving Christian wife is being returned to me and our children now somewhat tainted by her experience in this clinic. These memories will always be there and I will forever regret subjecting my wife to this treatment.

Best answer:

Answer by Keerayzee
Seek legal counsel.

Though I do believe that they have the right to hold her if they feel that she is a danger to herself or others, retaliation to a spouse doesn’t make sense.

Contact whomever you can. Follow-up!
Make call after call until you get your wife out of there.

This place sounds dangerous. Apparently, they don’t take ethical practice as a norm.

She could face retaliation because the staff was upset with you. No outside witnesses. No help.

Basically, they could say anything that they wanted.

In the meantime, (temporarily)cancel your insurance. No money, no treatment.

Have the insurance company fax a statement that she no longer has insurance.

Worst thing they can do is try and admit her to a state hospital. This would be fortunate, because it can be quickly overturned by a judge without legal counsel.

They can only RECOMMEND that she stay in treatment.

Try it.

By the way, the whole “cancel the insurance” thing is what got me out when I admitted myself years ago.
They dropped me like a hot potato!

Good luck, Sir!

Know better? Leave your own answer in the comments!

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