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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3152
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Detention under false pretenses, and false imprisonment.

Customer Question

I checked myself into the ER 3 days ago for an attempted suicide via overdose. However, I had aborted the suicide attempt shortly afterwards and performed an induction on vomiting at home. Nevertheless, I checked myself into the ER to prevent liver damage. I was placed on a medical hold (not psychiatric). I was told that I am not allowed to leave, thus I was held against my well. However, the psychiatric informed me that I'm not pink slipped, and I'm only on a medical hold to make sure my liver stabilizes, than they will transport me to an inpatient mental facility. Soon afterwards, I had asked a nurse about the pink slip, and he said that a pink slip was filled out but it doesn't go into effect until I leave. This is contradictory and sounds unethical, if not borderline illegal. So I'm on a medical hold (which patients have the right to discharge from), and apparently they filled out the pink slip but they didn't put it into effect in order to detain me for as long as possible until they find a bed for me at a psychiatric hospital. This sounds like illegal detention to me, and a complete disregard of my rights. In Ohio, they can only hold you for 24 hours in a non-mental facility, and they can't issue another pink slip for the same episode. Moreover, they cannot penalize me by detaining me against my will just because they can't find a bed for me at a local mental hospital. In addition, the clock on the pink slip should've started as soon as I was examined for the attempted suicide. But it seems like they're just trying to buy time. I've been at the hospital for 65 hours thus far. What can I do to request to leave immediately? Isn't it unethical and illegal to do what they've done to me? The other Psychiatrist said that the pink slip does not apply here because it's not a mental hospital, I am only on a medical hold. However, I told her that if I'm only on a medical hold, I have the right to discharge myself. She said "no". They're saying I'm on a medical hold to make sure my liver is fine. However, the doctors had already confirmed that my liver is fine. Moreover, if I'm only on a medical hold, than I have the right to request a discharge. The Psychiatrist told me verbatim that I am not on a pink slip, and I'm still considered a voluntarily admitted patient. However, the nurse said that a pink slip was infact invoked, but it won't be in effect until I leave. Doesn't the clock on the pink slip come into effect as soon as I'm examined for attempted suicide, even if it coincides with a medical hold? Moreover, I asked the social worker about submitting a 3 day letter, but she said that doesn't apply to me at this point because I'm on a medical hold. The Ohio law specifically states that a patient needs to be examined within 24 hours and if needed, transported to a mental facility within 24 hours, and a another pink slip may not be issued for the same episode. I am being detained under false pretenses and falsely imprisoned. Also, they're falsifying records to hold me longer than the legally allowed 72 hours and not get a court order to hold me.

Does the detention clock start after the medical clearance? If so, are they allowed to refuse to allow me to leave even without a psychiatric hold?

Also, I would like to obtain information regarding filing a lawsuit against the hospital and obtaining an emergency injunction to secure my release as they are not holding me properly in accordance with the law.

Submitted: 2 years ago.
Category: Criminal Law

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