Police Misconduct During a Medical Emergency: Can You File a Claim?

When Police Respond to Medical Emergencies

In New York, police officers often arrive first when someone calls for help during a medical emergency. Whether it’s a seizure, diabetic shock, overdose, or mental health crisis, 911 dispatchers commonly send law enforcement alongside emergency medical services. This happens across the state, from Rochester neighborhoods to parts of Suffolk County. Police step in to assist or secure a scene. But sometimes, their presence adds tension. When they misread medical symptoms as erratic behavior, the situation can spiral.

An emergency should bring help. Unfortunately, medical events can turn confrontational when officers act aggressively or deny someone the care they need. Those moments matter. If you or a loved one experienced police misconduct during a medical crisis in New York, our civil rights attorneys at Horn Wright, LLP, are here to help. We understand how painful and confusing these incidents are, and we know how to hold officers accountable under New York law.

Misconduct During a Medical Crisis: What Counts?

Police misconduct during a health emergency doesn’t always look dramatic, but it can still cause serious harm. In New York State, this type of misconduct occurs when officers act beyond their legal authority, especially in ways that delay or damage a person’s access to emergency care.

Here’s what that can look like:

• Using physical force on someone having a seizure or disoriented from low blood sugar
• Refusing to call EMTs or ignoring clear signs that someone needs medical attention
• Wrongfully arresting someone during a panic attack or mental health episode
• Failing to follow NYPD or city-specific crisis response policies

New York's Mental Hygiene Law § 9.41 allows police to take someone into custody only if they're experiencing a mental health emergency and pose a risk to themselves or others. But not every officer interprets these situations correctly. If someone was arrested without cause during a medical episode, that could be unlawful.

Can You Sue the Police for Misconduct in New York?

Yes, you can. Victims of police misconduct during a medical emergency in New York have several legal paths available. These claims aren’t easy, but they’re possible when there’s proof that an officer stepped outside the bounds of their lawful duties.

You might be able to file under:

• Federal Civil Rights Law (42 U.S. Code § 1983): This applies if an officer violated your constitutional rights, such as using excessive force or denying due process
• New York Constitution, Article I §§ 6 and 12: These sections protect you from unlawful searches, seizures, and mistreatment
• State Tort Law: Assault, battery, negligence, and false arrest may form the basis for a civil claim

These types of claims fall under civil rights litigation, and the legal standard requires showing that an officer’s actions were unreasonable based on the facts at the time.

You don’t need to prove intent. You need to show that the officer’s actions caused harm, and that those actions were not legally justified.

Real Examples From New York Communities

This issue affects people in all parts of New York, across age groups and situations.

In Brooklyn, a man in diabetic shock was tased by officers who believed he was intoxicated. He was later hospitalized with broken ribs. In Albany, a resident called 911 for help after experiencing chest pain. Instead of receiving an ambulance, he was detained for erratic behavior. EMTs arrived late, and the delay worsened his condition.

At a college in Ithaca, a student collapsed in a stairwell during finals week. Campus police assumed drug use and handcuffed her before medics arrived. Tests later confirmed she had suffered a seizure due to dehydration and stress.

These events highlight the real danger of misjudging a medical crisis. They also demonstrate why training and accountability matter.

Legal Barriers You Might Face in New York

Even with a strong story, filing a misconduct claim in New York isn’t simple. There are tight deadlines, legal hurdles, and procedural steps that can trip up anyone, even those with clear evidence.

You may run into:

• Short timelines: Under General Municipal Law § 50-e, you must file a Notice of Claim within 90 days of the incident
• Qualified immunity: Officers are often protected unless they acted in a way no reasonable officer would
• Limited evidence: If you were unconscious or disoriented, you may not recall key details, so police body cams or witness statements become vital
• Medical documentation delays: Without immediate hospital records, connecting the incident to your injuries can be difficult

These are not excuses, but they are legal realities. Acting quickly and carefully helps preserve your right to seek justice.

Steps to Build a Strong Case After Police Misconduct

If you or someone you love experienced police misconduct during a health emergency, don’t wait. The faster you act, the stronger your case can become. Here’s what you should do next:

• Request all police and EMT reports from the responding agency or department
• Get copies of medical records from hospitals in New York, including those in city-run ERs like Elmhurst in Queens or Strong Memorial in Rochester
• Take photos of injuries as soon as possible
• Write down everything you remember, including names, badge numbers, and statements
• Speak with witnesses or neighbors who saw what happened
• File the Notice of Claim within 90 days with the city, county, or town involved

What Compensation Can You Recover?

Filing a claim allows you to seek financial and personal recovery from the damage you suffered. Under New York law, compensation may include:

• Emergency room visits, ambulance costs, and other medical expenses
• Lost wages if you missed work
• Pain and suffering, based on physical or emotional distress
• Compensation for trauma, anxiety, or PTSD
• Punitive damages, in cases of extreme misconduct

To evaluate your case, courts will look at the officer’s conduct, your medical history, and how the incident changed your life. If the police used excessive force, your damages may increase.

Why Police Misread Medical Crises in New York

A key reason these incidents happen is misunderstanding. Police often mistake medical symptoms for aggression or resistance. Someone shaking from a seizure might appear combative. A person slurring speech during a stroke might seem intoxicated. Officers who aren’t trained to recognize these signs can respond with force instead of care.

This isn’t always due to malice, but the outcome can still be harmful. In New York, some departments like the NYPD have Crisis Intervention Training (CIT) programs. But not all officers go through them. In smaller cities or towns, those training gaps can be even larger.

Officers who fail to follow proper medical-response procedures, especially when trained to do so, may open themselves to liability. Every situation calls for judgment. When that judgment fails and someone gets hurt, legal consequences follow.

Your Rights During a Medical Emergency in New York

In the middle of a medical crisis, it’s hard to think clearly. But it’s important to know what your rights are. These rights don’t vanish just because you’re in distress. In fact, they matter even more when you’re vulnerable.

You have the right to:

• Receive medical care without delay or interference from law enforcement
• Refuse questioning while incapacitated or receiving treatment
• Remain free from physical force unless you present a danger to others
• File a complaint with the Civilian Complaint Review Board (CCRB) in New York City or through your county’s Internal Affairs unit

Even if your condition prevented you from asserting these rights at the time, you can still act afterward. Misconduct during a medical emergency often supports a civil rights claim or may even qualify as false imprisonment under New York tort law.

Get Help If Police Misconduct Interrupted Emergency Care

Medical emergencies should never turn into traumatic encounters with law enforcement. If they do, you have legal options. At Horn Wright, LLP, our attorneys represent people across New York who were harmed by unlawful police conduct during a medical crisis. 

Whether you’re recovering in Syracuse or living in the Bronx, we can help you explore your rights and pursue accountability. Reach out today to speak with someone who listens, understands, and acts.