RNSH Attempt Illegal Detention
Mr Bede Thompson and Dr Margot Phillips of Royal North Shore Hospital, Sydney, attempted to hold 3 people against their will Wednesday night 3 May 2006.
A good friend of mine (my partner's nephew) went to the hospital of his volition on advice from a counsellor about some emotional issues. At the time he was stable, but like most of us, had issues that need addessing. He waited from around 2pm until about 9pm to see a doctor. After the consultation, two hospital personnel attempted to prevent him and his 2 family members from leaving. A major row erupted which resulted in my having to call 000 to get the police there on advise from my attorney.
After being asked whether or not the 'patient' was a danger to himself or the community, the doctor replied "NO! "The doctors were then advised that under the Mental Health Act of 1990, they had no right to detain the individual.
Police called to the scene included Constable Almond from Chatswood. The 3 were eventually released when they were told they had no legal basis for holding any of the three.
Section 9 (1) & (2) of the Mental Health Act states:
(1) A person is a mentally ill person if the person is suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care, treatment or control of the person is necessary:
- for the person’s own protection from serious harm, or
- for the protection of others from serious harm.
(2) In considering whether a person is a mentally ill person, the continuing condition of the person, including any likely deterioration in the person’s condition and the likely effects of any such deterioration, are to be taken into account.
One of my reasons for finally divulging this information is because another friend of mine has just experienced something similar, when security guards at Prince of Wales Hospital were sent after him for leaving the hospital after he received shocking service from nurses.
Labels: Public Health
posted by Roobok @ 12:56 am
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