Legal Fund
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Halifax Health Hospital in Daytona Beach, Florida is denying me my medical records after I was taken there when I became unresponsive with DeLand, Florida police who picked me up in a park and brutalized me after I was wrongfully Baker-Acted by an abusive psychiatric nurse at Stewart Marchman Act May 23, 2016.
I need a minimum of $3,500 for a retainer for a lawyer to retrieve my records. The nurse no longer works for SMA, so she was either fired or asked to resign by June 20 after I complained.
Chester Wilson, VP for Quality Control at SMA, admitted the non-profit mental health facility for low-income citizens was over Baker-Acting people and needed to make changes. Meanwhile I also have a more than $5k bill. Many people have told me stories of this involuntary examination of Baker Act that happened to them, which forced them to declare bankruptcy because of the expenses.
I finally got my medical records from SMA and the nurse made false statements about me. I was not suicidal at all that morning. Yet she wrote false statements that I was. False statements that police passed on, and who knows what lies Halifax decided to make up about me after reading all those lies in my file and have decided to mark them "sensitive." So I want my records, and so do the Citizens Commission on Human Rights, Florida, who are filing a complaint on my behalf with the state. I want to know what drug Halifax gave me against my will when I came out of my freeze state and became upset from the trauma.
SMA didn't fill my medication of a low dose of ADHD medication, even though it had been seven days. DeLand police ripped me out of my car where I was reclined and meditating in a public park to recover from the upset from the nurse. They treated me like a criminal, handcuffing me behind my back. Treating people like criminals is a violation of the Florida statute as well as the DeLand police’s directives on Baker Act. I was so traumatized and confused why this was happening. I just wanted to go home and lead my life! I am a nice person, who was having a difficult morning!
I begged police not to have my son see me like a criminal, but the cop refused, so I emotionally collapsed and could not respond from so much prior trauma and PTSD in my life as well as the shame, humiliation, terror and trauma I endured in public.
The police were abusive in their tone, telling me that I was "Faking it," even calling me a "Bitch" and a "Bad Mamma.” I could not respond to such horrific abuse, so they passed me off to the EMT and then to Halifax Hospital, whom I coudln't respond to either.
Later police falsified statements about me too, saying that SMA said, (no records, nor dispatch transcript say this) "Was suididal and would kill anyone who got in her way." They also said I was faking it, smiling and cursing. Completely untrue. I was having stress from biz and other personal matters and needed somebody to talk to.
I have witnesses as well as text messages to my kids to prove what state I was that morning. Also my credibility and professional reputation as an internationally known kids yoga expert, as well as four psychologists and therapists who know me, proves the nurse was lying and wrongfully Baker-Acted me.
It can take a month or more to get an appointment with SMA. I had only called to see if my medication was ready. It was not after requesting it be refilled 7 days earlier. I asked for walk-in to talk to nurse about other matters, and they gave me a 10 minute window to run down there. Intake nurse asked if I were suicidal and I said no. I became upset with the second nurse with her emotionally abusive and unprofessional comments that triggered me as if she were my abusive mother.
I then even asked the nurse, "Why do you work here? You are not a nice person. I will not talk to you." And upset, left, yelling. This place is insane! Insane!” The woman Baker Acted me. I was taken against my will with the brutal cops to the barbaric psychiatric hospital, and was released less than 24 hours later. Halifax barely said anything to me either! Never even asked if I were suicidal that day! Just my psych history.
Halifax did nothing even though first words out of my mouth were, "I want a lawyer." No abuse hotline was in the cell I was in, as required by law. They just shoved discharged papers and a packet of handouts to me. It said: Follow up with the following - then nada was on the paper!! Nobody even called to see if I was ok after discharge! Only to pay my bill! INSANE! I was so distraught from all of this that I cancelled a training I was to give.
I need a lawyer to deal with this unjust and barbaric system that is hurting people horribly. I want my medical records that Halifax refuses to give me because of “sensitive material.” It has to be approved by a doctor to be released, and doctor may decide to not even release records at all. Halifax violated law by not giving me a written note of the refusal, as well as not giving me the other materials with redactions of sensitive materials.
I have cited the Florida Statutes on Mental health as well as a legal decision that strikes down the Statute Halifax cites about Florida law giving doctor right to withhold my records because of "sensitive material." Halifax refused to give me my records a second time after asking another day. So I really need a lawyer.
Thank you so much for supporting me. You are not only supporting me but every person in Florida with a mental health issue who has experienced such horrific abuse with an ineffective and unjust system. This must stop!
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0394%2F0394.html
394.4615 Clinical records; confidentiality.—
(10) Patients shall have reasonable access to their clinical records, unless such access is determined by the patient’s physician to be harmful to the patient. If the patient’s right to inspect his or her clinical record is restricted by the facility, written notice of such restriction shall be given to the patient and the patient’s guardian, guardian advocate, attorney, and representative. In addition, the restriction shall be recorded in the clinical record, together with the reasons for it. The restriction of a patient’s right to inspect his or her clinical record shall expire after 7 days but may be renewed, after review, for subsequent 7-day periods.
An agency may not delete information from a public record in the absence of a statute providing for the confidentiality or exemption of such information. Nor may an agency refuse to release an entire record because it may contain some confidential or exempt information; rather the agency is required to redact the exempt material and release the rest of the record.
Chris DOE, et al v.Dr. Carlos Stincer, et al, Case No. 96-2191-CIV-MORENO. U.S. District Court Judge Frederico Moreno permanently blocked the state from enforcing a Florida statute that exempts certain medical records from disclosure to patients. The court held that those provisions discriminate illegally against persons with mental disabilities in Florida. The case filed by the ACLU and the Advocacy Center for Persons with Disabilities was filed in 1996 after the Florida Legislature enacted a statute that exempted hospitals from the requirement to disclose to patients certain records of treatment for any “mental or emotional condition” at health facilities, restricting patient access to records of their treatment when they had been involuntarily hospitalized under the Baker Act. The U.S. District Court held that the exemption improperly discriminates against the mentally disabled and is prohibited by the ADA
https://www.dcf.state.fl.us/programs/samh/MentalHealth/laws/ClinicalRecordsConfidentiality.pdf
I need a minimum of $3,500 for a retainer for a lawyer to retrieve my records. The nurse no longer works for SMA, so she was either fired or asked to resign by June 20 after I complained.
Chester Wilson, VP for Quality Control at SMA, admitted the non-profit mental health facility for low-income citizens was over Baker-Acting people and needed to make changes. Meanwhile I also have a more than $5k bill. Many people have told me stories of this involuntary examination of Baker Act that happened to them, which forced them to declare bankruptcy because of the expenses.
I finally got my medical records from SMA and the nurse made false statements about me. I was not suicidal at all that morning. Yet she wrote false statements that I was. False statements that police passed on, and who knows what lies Halifax decided to make up about me after reading all those lies in my file and have decided to mark them "sensitive." So I want my records, and so do the Citizens Commission on Human Rights, Florida, who are filing a complaint on my behalf with the state. I want to know what drug Halifax gave me against my will when I came out of my freeze state and became upset from the trauma.
SMA didn't fill my medication of a low dose of ADHD medication, even though it had been seven days. DeLand police ripped me out of my car where I was reclined and meditating in a public park to recover from the upset from the nurse. They treated me like a criminal, handcuffing me behind my back. Treating people like criminals is a violation of the Florida statute as well as the DeLand police’s directives on Baker Act. I was so traumatized and confused why this was happening. I just wanted to go home and lead my life! I am a nice person, who was having a difficult morning!
I begged police not to have my son see me like a criminal, but the cop refused, so I emotionally collapsed and could not respond from so much prior trauma and PTSD in my life as well as the shame, humiliation, terror and trauma I endured in public.
The police were abusive in their tone, telling me that I was "Faking it," even calling me a "Bitch" and a "Bad Mamma.” I could not respond to such horrific abuse, so they passed me off to the EMT and then to Halifax Hospital, whom I coudln't respond to either.
Later police falsified statements about me too, saying that SMA said, (no records, nor dispatch transcript say this) "Was suididal and would kill anyone who got in her way." They also said I was faking it, smiling and cursing. Completely untrue. I was having stress from biz and other personal matters and needed somebody to talk to.
I have witnesses as well as text messages to my kids to prove what state I was that morning. Also my credibility and professional reputation as an internationally known kids yoga expert, as well as four psychologists and therapists who know me, proves the nurse was lying and wrongfully Baker-Acted me.
It can take a month or more to get an appointment with SMA. I had only called to see if my medication was ready. It was not after requesting it be refilled 7 days earlier. I asked for walk-in to talk to nurse about other matters, and they gave me a 10 minute window to run down there. Intake nurse asked if I were suicidal and I said no. I became upset with the second nurse with her emotionally abusive and unprofessional comments that triggered me as if she were my abusive mother.
I then even asked the nurse, "Why do you work here? You are not a nice person. I will not talk to you." And upset, left, yelling. This place is insane! Insane!” The woman Baker Acted me. I was taken against my will with the brutal cops to the barbaric psychiatric hospital, and was released less than 24 hours later. Halifax barely said anything to me either! Never even asked if I were suicidal that day! Just my psych history.
Halifax did nothing even though first words out of my mouth were, "I want a lawyer." No abuse hotline was in the cell I was in, as required by law. They just shoved discharged papers and a packet of handouts to me. It said: Follow up with the following - then nada was on the paper!! Nobody even called to see if I was ok after discharge! Only to pay my bill! INSANE! I was so distraught from all of this that I cancelled a training I was to give.
I need a lawyer to deal with this unjust and barbaric system that is hurting people horribly. I want my medical records that Halifax refuses to give me because of “sensitive material.” It has to be approved by a doctor to be released, and doctor may decide to not even release records at all. Halifax violated law by not giving me a written note of the refusal, as well as not giving me the other materials with redactions of sensitive materials.
I have cited the Florida Statutes on Mental health as well as a legal decision that strikes down the Statute Halifax cites about Florida law giving doctor right to withhold my records because of "sensitive material." Halifax refused to give me my records a second time after asking another day. So I really need a lawyer.
Thank you so much for supporting me. You are not only supporting me but every person in Florida with a mental health issue who has experienced such horrific abuse with an ineffective and unjust system. This must stop!
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0394%2F0394.html
394.4615 Clinical records; confidentiality.—
(10) Patients shall have reasonable access to their clinical records, unless such access is determined by the patient’s physician to be harmful to the patient. If the patient’s right to inspect his or her clinical record is restricted by the facility, written notice of such restriction shall be given to the patient and the patient’s guardian, guardian advocate, attorney, and representative. In addition, the restriction shall be recorded in the clinical record, together with the reasons for it. The restriction of a patient’s right to inspect his or her clinical record shall expire after 7 days but may be renewed, after review, for subsequent 7-day periods.
An agency may not delete information from a public record in the absence of a statute providing for the confidentiality or exemption of such information. Nor may an agency refuse to release an entire record because it may contain some confidential or exempt information; rather the agency is required to redact the exempt material and release the rest of the record.
Chris DOE, et al v.Dr. Carlos Stincer, et al, Case No. 96-2191-CIV-MORENO. U.S. District Court Judge Frederico Moreno permanently blocked the state from enforcing a Florida statute that exempts certain medical records from disclosure to patients. The court held that those provisions discriminate illegally against persons with mental disabilities in Florida. The case filed by the ACLU and the Advocacy Center for Persons with Disabilities was filed in 1996 after the Florida Legislature enacted a statute that exempted hospitals from the requirement to disclose to patients certain records of treatment for any “mental or emotional condition” at health facilities, restricting patient access to records of their treatment when they had been involuntarily hospitalized under the Baker Act. The U.S. District Court held that the exemption improperly discriminates against the mentally disabled and is prohibited by the ADA
https://www.dcf.state.fl.us/programs/samh/MentalHealth/laws/ClinicalRecordsConfidentiality.pdf
Organizer
Sydney Solis
Organizer
North DeLand, FL
