In
the wake of Virginia Tech, a college could not be criticized for exercising
caution on re-admitting a student who was involuntarily hospitalized, attempted
suicide in that time frame, and was forcibly medicated upon court order. But
there comes a time when standard procedure encroaches on the violation of
individual civil rights – especially if the specific claims are not investigated
and institutions simply defer to the professionals in question. Emily Pierce of South Salem knows this all
too well, as she seeks a platform for an injustice on just this
order.
Pierce
has long been diagnosed with Major Depressive Disorder and PTSD. Last February,
the Fordham University Social Work student was having a tough time getting
through the weekend. Her doctor was out of town, and she needed someone to talk
to.
Exercising
the appropriate action, Emily called the police and freely left yourself open to
be admitted to a hospital so the difficulties could be passed under supervision.
Somehow in the discourse between the trooper and New York Presbyterian Hospital
in White Plains, Emily’s cry for help was miscommunicated from needing a safe
place to, “she wants to drive her car into a ditch.”
Thus,
the involuntary hospitalization alluded to at the start ensued.
But since admittance was her top priority, Emily deferred in her
own right. As such, Dr. Xiaolei Baran, the attending physician, initially wanted
to discharge Emily but her therapist overruled.
Emily then asked for something to help her sleep. Dr. Baran
prescribed an anti-psychotic to address the insomnia. In turn, Emily raised
concerns that anti-psychotics in the past had elevated her anxiety and produced
suicidal tendencies.
Falling on the deaf ears of Dr. Baran and allowing for no tapering
off period for the medication that was being changed, Pierce reluctantly went
along. Two days later, Emily attempted to hang
herself.
In the aftermath, Dr. Baran
prescribed another medication that had similar side effects and again Emily
reluctantly complied. With no change in the level of anxiety, Emily now refused
medication.
Dr. Baran’s response was nothing short of medieval. “If you don’t
take the meds, we’re going to propose ECT, and if you refuse ECT, we’re going to
take you to court,” remembers Pierce.
Emily,
of course, did not go along and Dr. Baran re-diagnosed her as Schizoaffective
Disorder. The staff then began to badger
and harass Emily in hopes of verifying Dr. Baran’s diagnosis. “I was tormented
by questions to try to show I was paranoid,” says Emily.
They even forced Emily to shower with the door open to unhinge her
mind set.
In
court, Dr. Baran was allowed to be evasive with her answers and was mostly out
of line with what the hospital’s medical records showed, according to Emily. She
also accused Emily of having a history of abusing alcohol and anti-anxiety
medications. “She basically said I was a drug addict,” says Pierce.
Of
course, those of Emily's situation are easily dismissed, and the outcome was
decided in her doctor’s favor. In what might be considered an admission of
guilt, Dr. Baran proceeded to prescribe a non-therapeutic dose of the
problematic medication that the court mandated. “That’s illegal,” says
Emily.
Nonetheless,
Emily was soon released and went back to the medication regimen that her own
doctor had previously prescribed.
Fordham University’s subsequent actions then added insult to
injury.
Informing
Fordham herself that she was out of class because of her psychiatric condition,
the situation escalated as someone from the hospital released the records of
Emily’s stay to the Dean's office without her consent. “Again, the law was
broken,” says Emily.
All
told, Fordham will not readmit Emily without a full release of her medical
records.
As such, Emily’s lawyer does not diminish the seriousness of such
an invasive action. “She has a right to privacy,” Andrea
Risoli state’s the situation flatly.
Several
semesters later, Emily still waits and is seeking a compromise with the school
through the Department of Education and the Office of Civil Rights. But Emily’s
vision extends beyond the injustice perpetrated on herself. “The system tramples
over people’s rights, and I want to speak for those who cannot advocate for
themselves as easily as I can,” she concludes.
Dr
Baran did not respond to several phone calls to give her side of the
story.
Note
: Emily wanted to acknowledge the help of Senator
Greg Ball, and the letter he wrote to the Department of Justice on her behalf
and the attentiveness Representative Sean Patrick Maloney has given her case.
Additionally, Emily would welcome calls to the Governor’s office and the
hospital to voicing their concerns.
Governor
Cuomo (518) 474-8390, New York Presbyterian Hospital (914)
997-5700