Following state guidelines for involuntary admissions does not immunize a healthcare facility or its workers from claims, however. This action is more likely against public police than private security. false imprisonment: Etymology: L, falsus, deceptive; ME, imprisonen (in law) an intentional tort; the intentional unjustified, nonconsensual detention or confinement of a person within fixed boundaries for any length of time. False Imprisonment. Kenneth A. DeVille Ph.D., J.D., in The Medical Malpractice Survival Handbook, 2007. Employers are not ordinarily liable for the intentional torts of their employees, only their negligence. A contract theory may thus present liability on the part of the health care provider, even when the statute of limitations for a normal negligence claim has expired. Mrs Christiana Esegbona (CE) had a history of diabetes, diabetic retinopathy, hypertension, atrial fibrillation and glaucoma, depression, arthritis and schizophrenia. Elements of damages, for which compensation can result, commonly include loss of earnings, pain and suffering, incurred expenses such as medical treatment, mental anguish, loss of consortium, and wrongful death. The liability incurred for overreaction involves incidents such as excessive use of force by a security officer, invasion of privacy by an investigator or technology, and false imprisonment by a security officer (Timm and Christian, 1991). Restraint may be physical, chemical, or emotional (e.g., intimidation or threat). Although there are exceptions, that is the starting point,” said Alan Meisel, a professor of law and bioethics at the University of Pittsburgh School of Law, who spoke to American Medical News about false imprisonment in the healthcare context. A successful approach is to work with the management team from the nonemployee’s company. Practicing without a current and valid license is illegal and it amounts to pra… A defence to an action for false imprisonment is therefore if the act of the defendant was authorised or justified for example, due to statutory or common law powers of arrest. Potpourri of Evidentiary Principles 288, Mary Lynn Garcia CPP, in Design and Evaluation of Physical Protection Systems (Second Edition), 2008. It may be appropriate to have a manager from that company sit in during the interview of the nonemployee. It is important to remember that intentional torts do not require proof of negligence. As with other contracts, a warranty may be either express, specifically setting forth the terms of the warranty, or may be implied. Despite these observations, there is still some chance that Dr. Jones could be deemed vicariously liable in this situation. It involves such intangibles as stocks, bonds, and accounts owing, and even the health care practitioner's status as a member of his or her profession. Punitive damages are imposed on the basis of public policy, and serve much the same role as that of a criminal fine imposed by the state under criminal prosecution. Criminal law presents a further deterrent against criminal action by private sector personnel. Nursing home staff who medicates a patient without their consent under physical or emotional threat. In this notable medical false imprisonment court case, a 12-year-old girl presented to a Florida ER with unusual behavior. Under certain circumstances, a breach of contract action may exist as an alternative to, or in combination with, a medical malpractice negligence claim. In healthcare, false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. False imprisonment is an intentional tort; therefore, any allegedly wrongful act on the part of a defendant–health care provider would have to have been done with the specific intent to confine a plaintiff-patient's free movement. An implied warranty usually falls within two primary areas—warranty of fitness, or a warranty of merchantability. False Imprisonment: Nurse Tried To Hold Patient Against His Will - Patient Can Sue Hospital, Court Says. FindLaw's Assault, Battery and Intentional Torts section provides information about the various acts that are considered intentional torts and the elements that a … Philip P. Purpura, in Security and Loss Prevention (Sixth Edition), 2013. The plaintiff is entitled to compensation for loss of time, for any inconvenience suffered, for physical or emotional harm, and for related expenses. Ron Scott PT, JD, EdD, LLM, in Promoting Legal and Ethical Awareness, 2009. 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