Baker Act

Perhaps your rights guaranteed by Florida and Federal laws weren’t observed. Maybe you need your own attorney before a court hearing is held. An attorney is often needed to explain the process, get transferred, discharged or complain so that it doesn’t happen to anyone else. The Law offices of Holiday H. Russell will help you through the process.

Baker Act Law Fort Lauderdale Florida Holiday RussellPer Florida Statute 394.463 Involuntary examination, “A person for whom an involuntary examination has been initiated who is being evaluated or treated at a hospital for an emergency medical condition specified in s. 395.002 must be examined by a receiving facility within 72 hours. The 72-hour period begins when the patient arrives at the hospital and ceases when the attending physician documents that the patient has an emergency medical condition.”

Per Florida Statute 395.002, as mentioned above, “ ‘Emergency medical condition’ means: (a)  A medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:

1.  Serious jeopardy to patient health, including a pregnant woman or fetus. 2.  Serious impairment to bodily functions. 3.  Serious dysfunction of any bodily organ or part. (b)  With respect to a pregnant woman: 1.  That there is inadequate time to effect safe transfer to another hospital prior to delivery; 2.  That a transfer may pose a threat to the health and safety of the patient or fetus; or 3.  That there is evidence of the onset and persistence of uterine contractions or rupture of the membranes.

Emergency services and care’ means medical screening, examination, and evaluation by a physician, or, to the extent permitted by applicable law, by other appropriate personnel under the supervision of a physician, to determine if an emergency medical condition exists and, if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility.”

The Law Offices of Holiday H. Russell, P.A.

2699 Stirling Road, Suite A-105, Fort Lauderdale, Florida 33312



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