False Imprisonment
By: Brittney Parris
Information Cont.
Professionals Involved
Once admitted, Ms. Smith was placed in a “lock down” facility. Hospital staff prevented Mr. Smith from visiting her, though she signed a form indicating she did not want to restrict visitors. The hospital also refused to release her when she requested. Mr. Smith and Mandl complained to the hospital, and the hospital released Ms. Smith on August 21, 2004.
The plaintiffs filed suit on February 24, 2007, alleging that the hospital's actions constituted false imprisonment, that the hospital acted negligently, that these actions caused Ms. Smith to suffer emotional distress, resulting in Mr. Smith's loss of consortium claim. The plaintiffs disclosed Mandl as an expert witness on April 18, 2008. In their disclosure, they stated that she would testify as to the above-stated facts, particularly that neither she nor Ms. Smith expected or wanted the defendant to place Ms. Smith in a “lock down” facility. The disclosure included Mandl's resume, which listed her certifications as a nurse and her employment history.
Smith Vs. HCA Health Services of N.H
Lillian Mandl, NP
Health care Professionals at Portsmouth Regional Hospital
Argued: April 16, 2009
Opinion Issued: July 31, 2009
Information about the Case.
For many years, Ms. Smith took a regimen of prescribed pain medication after sustaining injuries in a car accident. She also suffered from unrelated psychological disorders, including depression. In 2004, she began taking more than her prescribed dose of medication. When alerted to this, Ms. Smith's nurse practitioner, Lillian Mandl, suggested that she voluntarily admit herself to a detoxification facility. Mandl assumed that Ms. Smith would be able to leave the facility at any time. Ms. Smith agreed to seek treatment and admitted herself to defendant Portsmouth Regional Hospital on August 19, 2004.
Decision
Smith did not win his case because there was not enough evidence provided.
Sources
http://www.courts.state.nh.us/supreme/opinions/2009/smith096.pdf