Since there was not a legal reason to have her involuntarily committed, after she spent the night there, she talked to some other patients in the facility and figured out that she did not HAVE to stay there. When she told the lady at the desk that she would be signing herself out, they called her family and told them (I am thinking so they would stop her since it is a town of 1,500 people and everyone knows everyone) Her family is pretty influential in that town, so the nurse probably knew the parents and wanted to inform them. Since she is an adult and was not voluntarily there, wouldn't there be some liability on the hospitals part by calling the parents (revealing personal/medical information)?
Since she would not have been there in the first place without the false imprisonment and being lied to that the police would take her, she would still be able to obtain health insurance. Since, through their actions, she can no longer obtain health insurance, how would they not be responsible? I understand if she had voluntarily went with them, but the fact that they took her across state lines, under false pretenses, took her phone, purse, money, etc and she did not have a car, physically restrained her and then told her that if she did not do what they said, they would have the police come get her, how would they not be responsible for the loss of job/income, and the monetary compensation for any and all future medical bills since she can't get insurance?? Am I missing something??? Very confused - not your fault, I just don't understand.
Isn't false imprisonment a criminal offense as well as a tort? (I have only had business law in college, so bear with me. : ) The fact that she had health insurance and nothing changed except that her family did that to her and then they denied her renewal and actually sent back the check, might have been 2 checks come to think of it. My ex-wife is now using that against me to want to go back to court to get full custody (even thought I pay her 2,205 in child support and 2,000 in alimony. She told me that my fiance's family sent her documentation of her inpatient treatment.
How would you go about proving damages for false imprisonment? She did lose her job and now everyone judges her because her family told everyone that she has been in "inpatient treatment" and supposedly sent the documentation to my ex-wife and she has told everyone as well. When she met with the counselor, the counselor said "what are you doing in here?" She said that he family - yada yada yada - and the counselor told her she should tell her family to f-off.
Sorry for the rambling, just want to make sure you understand the complete story.
She is sleeping, so can't ask her the question right now, but even if she did give consent for the hospital to release her info to her family (only reason she would do that is that she couldn't have possibly paid any of those bills) is it legal for her family to turn around and send the paperwork to my ex-wife?
Are you really a lawyer? False imprisonment is absolutely a criminal offense. Ther is first degree and second degree. I talked to my lawyer buddy in Chicago and he laughed at me when I repeated what you said, that false imprisonment is only a civil offense? I felt pretty darned silly.
For that reason, I am not going to "Accept Answer" because I don't know how much other misinformation you gave. Seems like you are working on too many questions at the same time and forget what you are doing.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).