Can the police legally keep a “suicidal” patient from leaving an ER?
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Can the police legally keep a “suicidal” patient from leaving an ER?
Asked on January 8, 2013 under Personal Injury, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It depends. The hospital may be able to keep a person without their permission for up to 72 hours in most instances. After that, it will depend a lot on the issue of the crime (arrest) or if the person has been somehow declared incompetent. A person being in danger of himself may be held based on some court motions but the police themselves could not do so without court order.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, under the laws of all states in this country law enforcement as well as medical personnel can physically restrain an invidual and keep him or her from leaving a medical facility if there is a reasonable belief that the particular individual is suicidal.
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