Overview of Legal Detention in Hospitals

The legal framework governing a hospital's ability to detain a patient is complex and tightly regulated. This article aims to clarify the conditions under which a patient can be legally detained in a healthcare setting, as well as the protections that are in place to prevent abuse of power and ensure patient rights.

False Imprisonment and Legal Protections

First and foremost, it's important to note that the law is very clear on the issue of false imprisonment. Patients are not subjected to unlawful confinement by hospitals. If a hospital attempts to detain someone without legal justification, they can be held liable for false imprisonment. Instead, hospitals can ask patients to sign a form known as an AMA (Against Medical Advice), but patients do not have to comply with such requests.

Legal Detention for Self-Harm or Harm to Others

There are specific circumstances where hospitals can detain individuals who pose a danger to themselves or others. If a patient is assessed as posing a significant risk, the hospital may hold them for up to 72 hours, during which they must either be released or taken before a judge. If the judge decides the patient should be committed, they can order further treatment. This regulatory framework exists to ensure that hospitals can appropriately address urgent and serious risks in a legitimate manner.

Autority to Detain Under Emergency Petitions

In certain jurisdictions, if a court grants an emergency petition and hearing, hospital security can make an arrest known as a "custodial arrest." However, the hospital will need to demonstrate that the patient is "mentally ill and dangerous" or meet other criteria required by law. While the court often requires some screening process, this does not change the fact that the patient is segregated from the general population, which raises concerns regarding equal protection and due process.

Extrajudicial Punishment and Political Abuse of Psychiatry

There are instances where hospital security may engage in practices that appear to be treatment but are, in fact, forms of extrajudicial punishment. For example, patients may be involuntarily detained or "disappeared" within the hospital premises with the support of the state, under the pretense of treatment. This is particularly concerning as it can serve as a mechanism of political abuse of psychiatry and cruel and unusual punishment, violating constitutional rights under the 8th Amendment.

Laws and Due Process

Under the Constitution, there are strict standards for due process and equal protection, which must be upheld in all legal proceedings. If a suspect is a patient in a hospital and the hospital appears to bypass legal channels, this can be seen as a violation of these constitutional rights. It is crucial for hospitals to operate within these legal boundaries and ensure that patients are not subjected to unjustified detention or treatment.

Importantly, if an individual poses an imminent threat to themselves or others, such as demonstrated suicidal or homicidal tendencies, the hospital has the legal authority to detain them for their own safety and the safety of others. However, in most cases, the police department is responsible for detaining individuals who are suspects in criminal activities or who pose a risk based on a crime.