Baker Act Complaints

Patients who are admitted to facilities under the jurisdiction of the Baker Act have specific rights.

Unless you were physically injured, with bruises, broken bones, sexual assault, or similar events, while you were in the facility, it is very difficult to sue for a wrongful Baker Act. (This firm does not.) It is frustrating to you, I am sure.  If you want money due to emotional trauma and you lost your job, there is no claim for money. I encourage you to file regulatory complaints instead.

Talmadge Law Firm will file regulatory complaints with the agency that licenses the facility and its medical professionals too. If you think the police did something wrong, we will file an internal affairs complaint against the officers who should not have baker acted you in the first place.  If the facility will not provide you with complete medical records at your request, a federal HIPAA complaint will be made for you.

The benefits of regulatory complaints compared to a lawsuit are that these regulatory complaints do not involve depositions, turning over materials/documents (discovery), answering questions before trial (interrogatories), or hiring an expensive law firm to sue. (If it is possible to find a firm. Most law firms make a business decision not to sue in these cases.)

You may ask yourself, “why should I hire a lawyer to make these regulatory complaints when I can do this myself?” The answer is that Talmadge Law Firm is very familiar with the Baker Act, chapter 394, over 100 pages of it, and the Florida Administrative Code that has rules for Baker Act facilities. Talmadge Law Firm has contacts and knows who to complain to and how it should be done.