Involuntary Psychiatric Medication: Court Sees Grounds For Civil Assault Lawsuit Against Nurse.
Legal Eagle Eye Newsletter for the Nursing Profession
May 2019
An order to hold a patient for mental health evaluation does not, in and of itself, authorize involuntary administration of psychiatric medication. Involuntary psychiatric medication requires a court order specifically allowing involuntary medication. The order for involuntary medication must specify the drug or drugs to be used, the dosages and the duration of the course of medication.
Before issuing such an order the court is required to hear evidence as to the patient’s diagnosis and the need and rationale for medication including the expected benefits and anticipated side effects. The patient is entitled to be heard by the court as to his or her intentions regarding being medicated. The patient is also allowed to be represented by legal counsel chosen by the patient or appointed by the court on the patient’s behalf.
Giving medication without the patient’s true consent or by use of physical force, without a valid court order, can be a civil assault for which the patient can sue.
UNITED STATES DISTRICT COURT HAWAII April 16, 2019An individual who would become an unwilling patient at the hospital came into contact with law enforcement after his estranged wife called 911 for someone to check on their children who were with their father. She told 911 the father was in a mental health crisis and was threatening to harm the children. He would later insist it was just a ploy to get back control of the children in their ongoing custody battle. The police took him to the emergency department at a local hospital.
On arrival the triage nurse noted he was alert, appropriate, calm, cooperative and oriented to person, place, time and situation. When the emergency physician started questioning him about his alleged bizarre behavior and threats, he became angry and refused to speak with the physician further. The physician had a psychiatric social worker talk to him. She started the paperwork for an involuntary mental health hold. A judge’s order was obtained that he be held and transferred to a nearby facility for a mental health evaluation.
In the meantime the same emergency physician decided the patient needed to be medicated with injections of Haldol and the antipsychotic ziprasidone. A nurse came in and gave the IM medications after telling him he had to take the medications because they were ordered by a judge and it was standard procedure.
He was taken to the other facility at 2:00 a.m. At 9:00 a.m. a psychiatrist examined and discharged him on the basis there was no evidence of danger to self or others. The psychiatrist did prescribe mental health medications and expected the patient to come back for outpatient therapy appointments.
The US District Court for the District of Hawaii validated a jury verdict of $722,600 for the patient in his civil lawsuit for assault against the nurse, the physician and the first hospital. Coerced administration of an unwanted medication fits the legal definition of civil assault.
Raymond v. Hospital, 2019 WL 1645191 (D. Hawaii., April 16, 2019).More references from nursinglaw.com
http://www.nursinglaw.com/psychiatric-medication-patient-consent.pdf
http://www.nursinglaw.com/psychmed1.htm
http://www.nursinglaw.com/psychmed2.htm
http://www.nursinglaw.com/psychmed5.htm
http://www.nursinglaw.com/involuntary-mental-health-detention.htm