FALSE IMPRISONMENT
- occurs when the person is not allowed to leave a health care facility when there is no legal
justification to detain the client.
- occurs when restraining devices are used without an appropriate clinical need.
- The intentional confinement without authorization by a person who physically constricts
another using force , the threat of force or confining structures and or clothing , even without
force or malicious intent to detain another without consent in a specified area constitutes
grounds or a charge of false person from harming self or others if it is necessary to confine to
define one self , others or property or to effect a lawful arrest.
Examples:
a. A Hispanic American patient undergo TAHBSO and has no Medicare or HMO card nor
nor any petty cash to pay hospital bills. The nurse put the patient in a room until the
relatives of the former arrive to pay the bills.
B. a Hong Kong OFW was suspected of having SARS. The ground duty nurse put the patient
in a secluded room without doctors order and checked for other manifestations to confirm
the presence of SARS. After 9 hours, it was just an ordinary cough and colds.
a. A client was tested positive for HIV. Nurse Hamilton learned that this is highly contagious
& communicable disease. The nurse locked the client inside a room.
Legal aspect regarding Restraints
Restraints are protective devices used to limit the physical activity of a client or to immobilize a client or an extremity.
Physical restraints: restrict client movement through the application of a device.
Chemical restraints: Medications given to inhibit a specific behavior or movement.
Under Omnibus Budget Reconciliation Act: any client or patient has the right to be free from Physical (such as restraint jackets) and chemical (sedation, psychotropic drugs) restraints
Imposed for the purpose o discipline or convenience and should not be required to treat medical
or psychiatric symptoms.
Categories:
Fundamentals In Nursing
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