Review article: Detaining patients against their will: Can duty of care be used to justify detention and restraint in emergency departments?

Anne Maree Kelly, Michael Eburn, Tina Cockburn, Anand Senthi

Research output: Contribution to journalReview articlepeer-review

Abstract

Every day in EDs, clinicians are faced with situations where they need to decide whether to detain a patient for assessment and treatment. For patients who meet the relevant criteria, provisions of mental health legislation can be used. For other patients, clinicians often rely on so-called ‘duty of care’. This article briefly explores this complex area of law, including the relevant legislation, common law principles and grey areas. It also proposes an approach to decision-making in this area.

Original languageEnglish
Pages (from-to)896-902
Number of pages7
JournalEMA - Emergency Medicine Australasia
Volume35
Issue number6
Early online date28 Aug 2023
DOIs
Publication statusPublished - Dec 2023

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