Legal Question in Administrative Law in California

Hospital

Can a hospital legally keep you at the hospital against your will?


Asked on 2/27/08, 1:54 pm

2 Answers from Attorneys

Clayton Lee Russakow, Ryan & Johnson

Re: Hospital

No, unless that hospital is a psychiatric hospital which has placed you under what is referred to as a 5150 hold because you are a danger to yourself or others. That only allows them to hold you for 24 to 48 hours, I'm not sure which. They then have to jump through other procedural hoops if they want to keep you past the initial hold period. Just ask Britney Spears.

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Answered on 2/27/08, 2:02 pm
Terry A. Nelson Nelson & Lawless

Re: Hospital

Yes, for psychiatric examination up to 48 hours if the procedures are followed correctly. Then for another 15 days if a psychiatrist orders it.

Not for general medical reasons, although they should try to prevent foolish decisions to leave from causing you harm. It they actually committed 'false imprisonment' on you forceably, it might be grounds for legal action.

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Answered on 2/27/08, 5:27 pm


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