Q: a correctional facility been giving psychotropic drugs to child on verbal consent. Now the child has side effects , mentally unstable and more violent. Under what law a lawsuit can be filed against that facility?
A: You can file civil rights lawsuits against such facilities under 42 USC Sec. 1983. This may also be a case of medical malpractice. You're best advised to request receipt of all relevant medical records & request that a 2d opinion be given. Merely because a patient has side effects to medication, in itself, would not be the basis for a lawsuit. It would depend more on whether the drugs were considered medically necessary in the first place, whether the side effects were reasonably predictable & how long the side effects were allowed to persist before taking him off or switching him to another med. -- David Bliven, Bronx police brutality lawyer (www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
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