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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Unsure why your chat popped up. I am trying to find out my

Customer Question

Unsure why your chat popped up. I am trying to find out my rights after a be psychologically abused. Voluntary admission into what was supposed to be group therapy (intensive) for NON-SUBSTANCE abuse, fully capacitated
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Within moments of my "admission", I was shocked to learn that I was definitely NOT in a place that I was told (at length, and for hours with an intake counselor). I requested immediate discharge, held without will, not suicidal and/or endangering to anyone else, no delusional (capacitated - just behavioral/emotional trauma seeking intense counseling.
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Can you please tell me what state this is in?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Florida
Customer: replied 1 year ago.
This is about a healthcare facility of which I spoke with the intake representative who entirely misrepresented what treatment I was going to get as a residential patient. Voluntary. Entirely with capacity.
Expert:  Ely replied 1 year ago.
Thank you.
Here is how this works.
Regardless whether you come into a clinic yourself or not, the clinic can hold you under Baker Act - Chapter 394, Part I, Florida Statutes. See here.
Under the Involuntary inpatient placement doctrine, the clinic can hold a patient even if they came in voluntarily, if the following is true:
-Meeting criteria very similar to those for involuntary
examination.
-A petition filed by the receiving facility within the 72 hour
involuntary exam period.
-Supporting opinions of a psychiatrist and either a second
psychiatrist or a clinical psychologist.
-A court order based on a hearing where at least one of the
professionals testifies
-Court decides you are a danger to self or others.
HOWEVER, if one was held without the above, then the clinic may be liable for false imprisonment via a civil suit.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
I was struggling with immense grief I do not use any substances
Customer: replied 1 year ago.
I am very familiar with Florida statute and I'm also familiar with federal law
Customer: replied 1 year ago.
I am not seeking quoted law. There is too much information in the laws that are documented under health care and patient rights
Customer: replied 1 year ago.
I am seeking very specifically how and what I am to do about what just happened to me. Violations of holding me against my will and knowing full well admitting full well that I was with
Expert:  Ely replied 1 year ago.
Hi,
Okay. Then this is what likely happened here. Now that does not mean that they were right, and if they did not follow the statutory law, they may be liable for false imprisonment. The essential elements of a cause of action for false imprisonment include: (1) the unlawful detention and deprivation of liberty of a person; (2) against that person's will; (3) without legal authority or "color of authority"; and (4) which is unreasonable and unwarranted under the circumstances. Mathis v. Coats, 24 So. 3d 1284 - Fla: Dist. Court of Appeals, 2nd Dist. 2010 (internal citations omitted).
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.