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My wife was admitted to a mental at a hospital in Las Vegas…

Customer Question
My wife was admitted...

My wife was admitted to a mental ward at a hospital in Las Vegas NV for 72 hours on Friday evening, then it would expire on Sunday evening. Is it true, that the Hospital must file a legal document to hold her on today, Monday, or she may voluntarily leave, which is her wish by tomorrow?

Lawyer's Assistant: Has anything been filed or reported?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well, yes, the nurse told her that if she consulted an Attorney, they could put her back on a 7 hour hold for threatening her staff. She did say that she would call an Attorney if she was not voluntarily released tomorrow.

Submitted: 8 months ago.Category: Legal
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12/11/2017
Lawyer: Attorney2, Attorney replied 8 months ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,997
Experience: 30 Years In General Practice,
Verified

Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you. It is a little more complicated. She is entitled to a hearing if they intend to keep her on a hold. Let me pull up the law for you.

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Lawyer: Attorney2, Attorney replied 8 months ago
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Lawyer: Attorney2, Attorney replied 8 months ago

In order to hold her longer than 72 hours they MUST get a court order and an Attorney must be appointed for her if she does not have her own Attorney.

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Customer reply replied 8 months ago
what if they dont?
Lawyer: Attorney2, Attorney replied 8 months ago

They cannot legally hold her. Would you like me to give you a link for Attorneys in that area that provide FREE consultations?

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Lawyer: Attorney2, Attorney replied 8 months ago

One moment and I will put together information and legal resources for you. Thank you for your patience.

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Lawyer: Attorney2, Attorney replied 8 months ago

"Involuntary Commitment

The most frequent arena where mental health and law intersect is the area of involuntary civil commitment. A mentally ill individual may be detained in a mental health facility for up to 72 hours on an emergency, non-court ordered basis for evaluation and treatment. A person must be released by the end of the 72 hour evaluation period, including weekends and holidays, unless during the 72 hour period, a petition is filed with the court for involuntary admission.

NRS 433A.150.

A mentally ill individual is involuntarily committed when an individual with standing[1] files a petition with the court. The petition must be accompanied by:

(a) A certificate of a physician or licensed psychologist stating that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others; or

(b) A sworn written statement by the petitioner that:

(1) The petitioner has probable cause to believe that the person is mentally ill and, because of that illness is likely to harm himself or others; and

(2) The person has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

A court must hear a involuntary commitment petition within 14 days of the emergency admission or filing of the petition, whichever is less. The individual is entitled to counsel, either private or court appointed. The court must order two psychologists or psychiatrists (one must be an M.D.) to examine the individual and submit their findings to the court 48 hours prior to the hearing. In order to find that an individual may be involuntarily committed, the court must find, by clear and convincing evidence that the individual is mentally ill or exhibits observable behavior such that he is likely to harm himself or others if allowed to remain at liberty...

PATIENTS RIGHTS

Every individual admitted to a mental health facility is entitled to enumerated and basic rights. Every patient has the right to treatment, to participate in his treatment plan to the extent possible and receive considerate and respectful care. Every patient has the right to refuse treatment to the extent permitted by law and to refuse to participate in any medical experiments conducted at the facility. Although a patient has the right to refuse medication, this decision may be overridden by the physicians medical opinion that the individual is a danger to others or himself and that the medication will be beneficial. All individuals, however, have the unfettered right to be free from unnecessary medication or over-medication. NRS 449.720.

Every individual admitted is entitled to full confidentiality of his medical records, condition and treatment. Notice of procedures, hearings and enumerated rights must be given to the patient in a timely fashion. NRS 433A.350 – 433A.360." http://www.wehavins.com/nev-physicians-legal-handbook/chapter-26-mental-health-laws/

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Lawyer: Attorney2, Attorney replied 8 months ago

Out patient treatment, if needed is the desired result. https://www.shouselaw.com/nevada/involuntary-commitment

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Lawyer: Attorney2, Attorney replied 8 months ago
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Lawyer: Attorney2, Attorney replied 8 months ago
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Lawyer: Attorney2, Attorney replied 8 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Lawyer: Attorney2, Attorney replied 8 months ago

Are you still online with me? Dan are you able to see the rating scale at the top of the page on your end?

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