For example, 42 USC Section 1983 is a federal law that imposes civil liability for intentional violations of constitutional, civil, or statutory rights of individuals by persons “acting under color of state law” (i.e., the misuse of power by a person possessing government authority). Improper or illegal action is likely to result in suspension or revocation of a license. Garza's personal physician testified that Garza suffered from acute anxiety and depression and stated that he suffered an increased number of epileptic convulsions since his detention. . Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. While these issues are resolved through clear policies at the facility and training to reinforce the policy, many companies still do not align their policies and procedures with their practice. However, it is not always easy for the Prosecution to make out. An implied warranty usually falls within two primary areas—warranty of fitness, or a warranty of merchantability. The article discusses inadequate conditions and health care in nursing homes and poses the question of whether this rises to the level of tortuous false imprisonment. Another basis for false imprisonment liability exposure involves a situation in which a health care professional is alleged to have compelled a patient to remain in a specific location to undergo treatment against the patient's will. The force exercised in defense of the nurse (pepper spray and Taser) seems excessive and unreasonable given that the technician was no longer violent or visibly angry, and the injured nurse was no longer under attack or in danger. Punitive damages are designed to dissuade the defendant, and all other persons, from repeating the particular act in question. Similarly, a statement by the physician promising a specific result from the treatment and failing to achieve that result may be categorized as a breach of warranty. Criminal law presents a further deterrent against criminal action by private sector personnel. Abandonment, for example, can be categorized either as a tort or as a breach of contract. (Professional nursing & ethics). Philip P. Purpura, in Security and Loss Prevention (Sixth Edition), 2013. 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. Negligent, or careless, action that results in the confinement of a patient would not normally be sufficient to give rise to false imprisonment liability. In this event, an overzealous security officer would likely be found the independent contractor of Dr. Jones and not a source of vicarious liability. They involve such areas as guarantees to individuals of certain fundamental rights, including the right of compensation for taking of private property of someone's domain, the right of privacy, the right to travel, and the right to vote. Some court cases have applied select constitutional limitations, from the Bill of Rights, to private sector action, especially if private security personnel are working with public police or if off-duty police are working part-time to assist private sector security efforts. How to Defend Against a Personal Injury Lawsuit. Certain nuances and qualifiers to false imprisonment liability warrant elaboration. Nemeth (2005: 159) asks whether a private security officer who is granted authority by regulatory bodies and licensure agencies, is empowered by legislation, and who detains a suspect is “acting under color of state law”. Invasion of privacy: Intruding on another’s physical solitude, the disclosure of private information about another, public misrepresentation of another’s actions. False imprisonment involves only restraint of a person, not allowing him to leave. Is It Worth Suing for Defamation to Protect Your Reputation? Some common examples of intentional torts are assault, battery, trespass, and false imprisonment. Based on this evidence the Court found that the award of $50,000.00 was “not so excessive that it shocks our sense of justice and the verdict was therefore affirmed.”66, In an age when psychiatric objectification is readily accepted and the judicial process welcomes the expert testimony of psychologists, it is not surprising that the bulk of tort actions seek emotional damages. Following state guidelines for involuntary admissions does not immunize a healthcare facility or its workers from claims, however. Copyright © 2020 Hafif-Stonehouse Law Group, APLC. The right to freedom from interference with … The following examples don't constitute false imprisonment: A claim that you were falsely imprisoned simply because you were found innocent of a crime. Another nuance to false imprisonment liability is that verbal threats of physical force directed at a patient or threats of harm to a patient's property, resulting in a patient electing to limit volitional movement, may also constitute wrongful false imprisonment. Libel refers to the written word; slander, to the spoken word. S. Sandy Sanbar M.D., Ph.D., J.D., F.C.L.M., in The Medical Malpractice Survival Handbook, 2007. False imprisonment requires that the patient be aware of the confinement. Practicing without a current and valid license is illegal and it amounts to pra… False Imprisonment as a tort: False Imprisonment may be defined as an act of the defendant which causes the unlawful confinement of the plaintiff. For example, the senior may be prohibited from leaving his or her room or a specific wing of the facility. A false imprisonment is an intentional, total and direct restraint on a person’s liberty: Barker et al at p 48. The person does not need to try to escape. Right to Refuse Treatment Meisel suggests that healthcare professionals have a protocol prepared for such cases and familiarize themselves with state guidelines for emergency admissions without patient consent. In other words, the person held had to reasonably believe they could not leave. The tort of false imprisonment occurs with unjustified restraint of a person without legal warrant. The general area of warranties in products liability cases is discussed fully in Chapter 19. 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. Civil action is only one factor hindering abuses by the private sector. In this case, however, a note written in a chart led to a charge of false imprisonment by a patient against a hospital. Is more likely against public police and private security officers, who typically possess citizen ’ s liberty very.. 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