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Elements You Need to Know About False Imprisonment – A Part of Nursing Home Neglect

Nursing Home Neglect AttorneyAny kind of unlawful restraint on a person against their will is called false imprisonment. It is a condition in which, the victim is not actually imprisoned, but the victim is restricted from some action, based on blackmailing or use of authority. Legally, false imprisonment is reported as nursing home neglect or abuse on your loved ones.

For example, if the nurse restrains a patient from meeting the loved ones and threatens that she would not give food or medicine if the patient does not abide by her restriction, then this condition is false imprisonment.

The Complexity of False Imprisonment

The technical definition of false imprisonment is to detain someone without providing understandable justification. However, sometimes, a nurse may restrain the patients for their betterment. However, the patient may not understand the restriction due to emotional distress, psychological disorder, a disease like Alzheimer, or any other reason. In this case, the court obtains the medical reports of the patient and interrogates to confirm the statement of the nurse.

However, the nursing homes may deceive you by claiming your loved one’s psychological disorder, which complicates the situation. Yet, you have the right to claim in either case.

3 Keys of False Imprisonment

When the jury evaluates the situation, it focuses on the following three elements.

1. The detention must be done against the will of the detained.

2. The consent or will of detainer is involved in the detention.

3. The detention was done without understandable justification, or it is unlawful.

Different Kinds of False Imprisonment

False detention or imprisonment comes in different forms. The detainer may use physical force against the detained, however, it is not necessary in all cases. Sometimes, the detainer may use verbal use of authority or blackmail the detained. This category is reported as emotional abuse.

The detained person may be imprisoned using tools, machines, and other equipment. For example, the detainer may imprison the person in the car. Following are the common most examples of false imprisonment in nursing homes.

  • The staff medicates the patient against will or uses emotional or physical threat for medication.
  • The nursing staff holds the person in physical boundaries for long time.
  • The staff locks the detained in a physical place with defined boundaries, like a room or garage.
  • The administrative staff like security guard detains the person for unexplainable reasons, like the dress code.

The jury interrogates the detained person, considering the medical and physical capacities. If the detained person is normal and he was asked to sit in a room without locking the door then the case is not reported as false imprisonment. It is because the detained person had the understanding and ability to leave the room. However, if the detained person is handicapped or mentally disabled, then the similar case will be reported as false imprisonment.

Nursing home neglect aggravates the condition of the admitted person. Getting in touch with an advisor can help evaluate the condition and seek your possible choices.

Contact Fisk & Monteleone Ltd. for a free consultation at 815-209-9030.