I presented at a hospital emergency department for physical issues. After being treated, I attempted to leave. Doctor said I'm not being held under Section 12 (emergency psychiatric admission law for dangerousness/profoundly impaired judgment), but he would like my decision-making capacity assessed by a mental health professional. When I phoned the local police for help, the doctor ordered security to confiscate my phone and my stretcher wheeled into a lockable seclusion room.
The room was monitored by video camera. I repeatedly said I do not consent to being filmed. Nurse and nurse manager told me hospital policy trumps the right to privacy in this situation. I was held for hours, perhaps 7 hours, then discharged after a 10 minute evaluation by a psychologist. I reviewed the complete ED record next day, no Section 12 order was issued by either the attending physician or crisis team psychologist.
False imprisonment is a crime and also a civil offense. False imprisonment is defined as the intentional confinement of a person without legal authority or the person's consent. You can go to the police and file your report. The prosecutor will see if there is enough evidence to press charges against the perpetrators. Do you know the names of those who held you against your will? You can also file a civil complaint against them and ask the court for damages. However, if there is not enough evidence for the prosecutor to move forward with criminal charges, you may need to think twice about filing a civil suit against the perpetrators. Talk to your attorney about this. You really can't file a civil complaint successfully, without a good civil litigation attorney.
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