Emily Pierce
P.O. Box 1033
South Salem, N.Y. 10590
PierceEmily@hotmail.com
Attorney General Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, D.C. 20530-0001
Dear Attorney General Holder:
My name is Emily Pierce and I am writing to you because during a hospitalization to
treat depression at New York Presbyterian Hospital’s Westchester treatment facility
in February, 2013, I am alleging the hospital committed professional medical
misconduct, judicial misconduct, civil rights violations, HIPPA violations, and
criminal actions.
New York Presbyterian Hospital Westchester filed a Treatment Over Objection
motion against me that was heard by Supreme Court Justice Emmett Murphy in the
Westchester County Supreme Court on March 8, 2013. At this hearing, it is my belief
that Dr. Xiaolei Baran, my attending psychiatrist at New York Presbyterian Hospital
division made false statements and offered false documentation about my mental
well-being.
Please allow me to give you some background information on the events leading up
to this hearing and circumstance. On February 21, 2013, I was admitted to New
York Presbyterian Hospital’s Westchester hospital for the treatment of depression.
During my treatment, Dr. Xiaolei Baran, proposed the use of anti-psychotic
medications, electroshock therapy, one-to-one supervision, and contracts. I told Dr.
Baran that I believed the treatment being proposed wasn’t medically necessary,
given my diagnosis, which was major, recurrent depressive disorder without
psychotic features. After I rejected Dr. Baran’s proposed treatments, Justice Emmett
Murphy ruled that it was in my best interests to forcibly medicate me and remand
me back to the hospital against my will. At the hearing, it is my belief that Dr. Baran
testified in an untruthful manner and made use of false documentation to support
her claims about my mental well-being. I am intelligent and clear-headed and
understand that I suffer from a mental illness. I believe that I was mentally
competent and fit at the time of the court hearing to decide that Dr. Baran’s
proposed treatment was not in my best interests. After the court ruling, I was
forced to take anti-psychotic medications, receive one-to-one supervision, and
abide by contracts that violated patient rights.
Upon being released, I began the process of advocating for myself by filing a
complaint with Governor Cuomo’s office and making motions to the Westchester
County Supreme Court to strike the record of what I believe is the false testimony
and false documentation of Dr. Baran. My letters to Governor Cuomo’s office were
forwarded to the Court Administration, which forwarded them to the ninth judicial
district. My case was reviewed by the administrative judge, Judge Allan
Scheinkman. I received a letter from Judge Schinkman’s counsel stating that Judge
Scheinkman doesn’t preside over pending cases. However, my case is not pending.
Throughout my ordeal and continuous efforts to seek justice for the emotional
abuse, civil rights violations, unethical behaviors and gross negligence committed by
New York Presbyterian Hospital and Dr. Xiaolei Baran, the system that was
supposed to help me has failed me.
Before my depression became a major issue for me, and before I was admitted to
New York Presbyterian Hospital, I was a graduate student at Fordham University
studying social work; a social work intern at an out-patient substance abuse
program; and a regular 32-year-old woman. Now, because I had to pay for a private
attorney not once but twice, I am financially in debt and my bank accounts have
been drained. I can’t return to school because, according to a Fordham University
lawyer, New York Presbyterian Hospital contacted Fordham University and told the
school, without my consent, that I was involuntarily hospitalized for three weeks
and forced to take medications. After learning this, Fordham University informed
me that I was not allowed to return to school there unless I provided them with
information about my hospitalization. I informed Fordham that their request was
both a violation of my civil rights and the Americans with Disabilities Act and I
would not provide any such information. Fordham then refused my request to
return to school there.
Today, my daily life is focused on addressing the fallout and the issues created by
my ordeal at New York Presbyterian Hospital. Most recently, I filed a complaint
with the Office of Professional Medical Conduct. When I called them to see if they
had received the complaint (sent via USPS with a tracking number), which included
confidential information such as my court hearing transcript, verified petition,
psychiatric medical records and other pertinent documents, they stated they never
received it, although it was confirmed delivered at the address by USPS. I sent it
again, this time certified and return receipt requested, and am now waiting for the
second time to see if the Office of Professional Medical Conduct will properly
investigate my complaint.
When a person with a mental illness is taken advantage of, civil rights are violated.
New York Presbyterian Hospital and Dr. Xiaolei Baran blatantly had no regard for
my well-being and engaged in gross and negligent conduct.
Because of the stigma of mental illness, and because of precedents set in previous
federal court cases, it is nearly impossible for a mentally-ill complainant to win a
lawsuit against a doctor and a hospital alleging mistreatment and negligence
because, as I have learned firsthand, their disability is used against him or her, no
matter how clear the preponderance of evidence is, as it is in my case. For a
mentally ill person, this is the ultimate Catch 22.
Mr. Holder, I am asking the Department of Justice to conduct an investigation into
my case. It is my belief I am clearly being given the run-around and that my case is
being shuffled from judge to judge and from court to court.
Sir, I hope this letter provides you with insight as to what a person with a mental
illness must endure in the treatment setting as well as in the judicial system. It is
also my hope that you or your office will look into my case and help me find the
justice and answers that I seek. Fighting mental illness and fighting against its
stigma is difficult enough. Having to fight for my civil rights in a judicial system that
is clearly tilted against the mentally ill has made this day-to-day challenge both
near-daunting and almost-completely demoralizing.
Thank you for your time.
Sincerely,
Emily Pierce