Therapeutic Comm Q 5
The nurse calls security and has physical restraints applied when a client who is admitted voluntarily becomes both physically and verbally abusive while demanding to be discharged from the hospital. Which represents the possible legal ramifications for the nurse associated with these interventions? Select all that apply.
A. Libel
B. Battery
C. Assault
D. Slander
E. False Imprisonment
Correct Answer: B, C, and E.
Voluntary admission to an acute inpatient psychiatric hospital occurs when a person goes for psychiatric evaluation and the evaluating mental health provider and patient agree that the patient would benefit from hospitalization and meets the criteria for hospitalization.
Option A: Libel is the publication of writing, pictures, cartoons, or any other medium that exposes a person to public hatred, shame, disgrace, or ridicule, or induce an ill opinion of a person, and are not true.
Option B: Battery is the intentional act of causing physical harm to someone. Unlike assault, one doesn’t have to warn the victim or make him fearful before hurting them for it to count as a battery.
Option C: Assault and battery are related to the act of restraining the patient in a situation that did not meet the criteria for such an intervention. If the mental health professional evaluates the patient and feels that he/she is at risk of harm to self/others or unable to care for self, the mental health professional can convert the admission to involuntary admission.
Option D: Slander is not applicable here since the nurse did not verbally make untrue statements about the patient. If the patient later requests discharge, the hospital can hold the patient on the unit for up to 72 hours until a mental health professional can evaluate the patient for safety concerns. The patient will be discharged if the evaluating mental health professional determines that the patient is safe for discharge.
Option E: A false imprisonment is an act with the intent to confine a person to a specific area. The nurse can be charged with false imprisonment if the nurse prohibits a patient from leaving the hospital if the patient has been admitted voluntarily and if no agency or legal policies exist for detaining the patient.