Psychiatric Nursing: Nurse Can Be Liable For False Imprisonment

Legal Eagle Eye Newsletter for the Nursing Profession

 September 1996

   When the patient refused to sign the hospital’s voluntary admission form, she was physically prevented from leaving, and then did sign an agreement form ostensibly consenting to voluntary admission.

   A patient came to a psychiatric facility seeking admission, after the hospital to which her physician had referred her declined to admit her because no bed was available. The patient’s physician had wanted her admitted to an acute-care facility for monitoring of her vital signs and medication levels while she was being treated for headaches.

   At the psychiatric facility, a male nurse told the woman she could not see a physician unless and until she was formally admitted to the facility. The nurse went on to say that she could sign a form for voluntary admission, but if she refused to sign she would be kept involuntarily under the state’s civil commitment statute.

   The District Court of Appeal of Florida ruled there was deceit and coercion of this patient by the psychiatric nurse. She was not evaluated by a psychiatrist prior to detention at the facility. No civil commitment proceedings were instigated. She was kept under restraint at the facility for two days against her will. She was discharged, in fact, because she refused to sign a form authorizing her health insurance to pay for her admission and for the facility’s psychiatrist’s consulting services.

   The court ruled there were grounds for a civil suit against the psychiatric nurse for false imprisonment. The facility itself and the psychiatrist were also ruled liable. Foshee vs. Health, 675 So. 2d 957 (Fla. App., 1996).