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lbjs1007

Mental health mistreatment

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My brother Robert Bilella, is a resident of Pinellas County, St Petersburg, Florida.  He is diagnosed Bipolar type 1 with psychotic/delusional episodes.  In April he was placed into Largo Medical Center under the Baker Act.  They violated HIPAA, the director would not call us back, they made our estranged brother the proxy and discharged him the same day they told me he was not competent to make his own decisions.  He is now in Northside hospital in Tampa.  We have had to call NAMI and mental health advocacy.  My brother is disabled from birth.  He has mild cerebral palsy.  He is on permanent disability.  Every facility he has been to has discharged him inappropriately.  I have a complaint in to internal affairs of Pinellas county.  The reason for this is the incompetency of deputies and sargent alike.  I have read the Baker Act front to back, up and down.  My brother met criteria.  He now has physical trauma secondary to his mania.  Please Advise  

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They made my brother the proxy. He is estranged from him. They proceeded to give him all the information he wasn’t supposed to receive. They removed original proxy. There is a lot more to this story. I was limited to 999 letters.  NAMI gave us a number for a lawyer. We were told that the amount of times he was baker acted is “not allowed”. At some point he should have been assigned a mental health advocate.  The balls been dropped more than once. I had to escalate the internal affairs issue to the Florida department of state as pinellas county internal affairs never addressed my complaint. 

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We did answer. The answer is that if you already have representation, your questions are better answered by the attorney who already has all the facts in his hands, will not have to beg you for details, and who surely can provide information to your situation better than strangers on the internet who are prohibited from giving specific legal advice and are limited to only general information.

That was your answer.

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We have not retained a lawyer yet. NAMI referred us to someone on Friday.  We were told that the amount of times he was baker acted should have lead to him having an advocate.   We have not received a call back yet. It is the weekend.  We have been through hell and back since April. He is still not well 

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It is unclear how you know HIPAA was violated. If a second brother presented as the proxy and R****** gave consent for information to be shared with Bro #2, it is entirely legal. It isn't clear that there is anything in place granting you the right to his medical information. The bar for this is pretty low. Somehow #2 was un-estranged enough to know where R was and to ask about his well being at the very least.

 

It isn't clear how he came to be committed or what happened at the court hearings. I will say getting someone involuntarily committed for any extended period is extremely difficult. In general, someone capable of seeking treatment on their own and not a clear and immediate danger is not going to be held against their will. You have an attorney. I would strongly suggest discussing your concerns with him or her.

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He did not agree to have my brother appointed proxy.  He is estranged from him.  The facility gave my brother information that the patient did not want him to know.  My sister in law was originally on the chart.   My brother visited and told the nurse to call him first and they did no questions asked.  My brothers bipolar disorder is severe.  He is a danger to himself and others, he does not care for himself,  he has sores on his feet from walking around with no shoes on,  he has been Baker Acted 5 times in 4 months.  Not one facility felt that it was necessary to go to the judge and extend the involuntary admission.  The first time okay, second time okay, after this it makes no sense to me that the next provider/facility did not see the pattern.   Pinellas county internal affairs has not answered my complaint, the Florida State Department of State where the issue was escalated to has not answered us.  

 

As said previously we were given the number to a lawyer.  We are waiting to hear back from him.  

 

I am willing to pay an attorney to work for him in his best interest.  This is not about a lawsuit.  If it became one whatever.  I just want this to be clear.  Neither my family nor I care about the money.  We care to prevent this from happening again.  

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It is laughably ironic that your post is concerned with a HIPAA violation, yet you thought it was a good idea to identify your brother by name and tell us his city, county and state of residence.

 

 

On 7/28/2018 at 7:46 AM, lbjs1007 said:

Please Advise

 

Not really sure what you're asking.

 

 

On 7/28/2018 at 1:36 PM, lbjs1007 said:

Are you going to help me by answering?

 

In the five posts you wrote in this thread, this is the one and only question you asked, so I'm really not sure what you expected anyone to answer.

 

The facts aren't entirely clear, but the situation is not really susceptible for resolution by anonymous strangers on an internet message board.  As far as I know, none of the regulars here are Florida attorneys, and certainly none are attorneys who handle mental health issues.  You need advice from a local attorney.

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It still isn't clear how you know what is in R's chart? Who R gave authorization for? How you know what information was actually divulged to #2 (or if he said he was told something how you know he isn't lying)? How this changes anything as far as R being in treatment? If no judge has ordered your brother held involuntarily, or appointed a guardian for him, and R is an adult, then he can not be held against his will. It isn't clear if you are seeking to be made guardian or not, but it is not an easy process.

 

If HIPAA is/was violated, you can't sue- it is reported to DHHS. https://www.hhs.gov/hipaa/filing-a-complaint/index.html They will investigate and determine if the entity violated the law if if any sort of action is warranted.

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