Dr Dubious primary care physician admitted Little to Get Wel

Dr. Dubious, primary care physician, admitted Little to “Get Well Soon” Hospital under a 5150-psychiatric hold on Jan 1, 2018. Dr. Dubious was told by Little’s mother that Little, a twenty-year-old female, had thoughts of harming herself but Little never admitted this to him. It had been ninety-six hours when Social Worker Suzy stopped by to check on Little. Suzy noticed that Little had not showered, and her hair was matted, and she told Little that she needed to bathe per hospital policy. Little told Suzy to get lost and she wanted to leave now, and she wasn’t about to bath or comb her hair. Realizing that not bathing could potentially cause smells and even health concerns, Suzy called Nurse Jackie. Nurse Jackie, prepped with a bathing kit and scissors, approached Little explaining what she was going to do. Little backed up in her bed and screamed that she did not want her hair cut and she wasn’t taking a bath. She was so upset she vomited. Nurse Jackie pried Little’s hands from the bed until she did not fight back. When Little was restrained enough, she quieted down, then Nurse Jackie cut the matts out of her hair and bathed her until Little was nice and clean.

There are two instances where Little’s fourteenth amendment rights were violated. Discuss in full.

Was there an assault committed on Little?

Was there a battery committed on Little? Discuss all instances separately.

Was Little Falsely imprisoned? Discuss all elements.

Can Little claim IIED?

If Little sues “Get Well Hospital” under the Vicarious Liability, what is the likely outcome?

Solution

There is right to refuse treatment under the fourteenth amendment rights. Also patients have the right to be treated in a fair and humane manner. They cannot be mistreated and assaulted. In this case little was assaulted by Nurse Jackie. She was tied and forced against her will to take a bath. Tying someone and waiting for the patient to be restrained is unfair and comes under assault and intentional harm.

Little needed to be understood and her treatment needed some patience. She needed to be treated with care and forcing her will only cause damage and worsen her condition. Little was forced against her wish to take a bath and tied against will. This is an assault and comes under inhuman treatment for someone who is mentally disturbed.. Yes little can claim IIED as the hospital was involved in extreme and outrageous conduct in an intentional and reckless manner. This caused emotional injury to little who is already going through pot of distress. The hospital also physically assisted her and caused her further emotional and physical damage.

The hospital will have to pay damages to little they are sued.