Legal Question in Medical Malpractice in Missouri

Involuntary mental health confinement

I have a friend who was in the E.R. of a hospital in Missouri for chest pain. During his stay he was on his cell phone and told a 3rd party that he was going to kill an idividual he was upset with. The E.R. Doctor was told of these comments by hospital staff and put a 96 hour involuntary hold on this man. The next morning a psycologist released him after an interview deeming him sane. Can a doctor whose specialty is not mental health hold this man? It seems as if any licensed doctor shouldnt have this authority. Can this man take any civil actions against this doctor or the hospital he stayed in? Please inform.


Asked on 8/05/08, 4:14 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Involuntary mental health confinement

My guess is that if you were the person who was threatened, you'd be thanking the doctor instead of criticizing him.

The standard for a 96 hour hold is a "danger to himself or others." Here he was clearly a danger to others if he is threatening them.

I do not view this as a viable area where a malpractice claim could be brought, but other lawyers may have other opinions on the subject and I encourage you to seek one out.

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Answered on 8/05/08, 4:47 pm


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