For many years, the team at Baker Act Attorneys has assisted people who have been wrongfully Baker Acted. However, we are increasingly finding that wrongful Baker Acts are being initiated by medical professionals in hospitals and ERs, in addition to law enforcement officers. In this article, we take a look at the process by which a medical professional can initiate a Baker Act hold, the factors that make a wrongful Baker Act by hospital staff more likely, and what steps you can take to help a loved one who is being held in a hospital against their will in terms of the Baker Act.
How Can A Medical Professional Initiate A Baker Act Hold?
There are several ways in which involuntary confinement for a psychiatric evaluation – commonly called a ‘Baker Act hold’ – can be initiated. One of these is initiation by an appropriately qualified medical professional (such as a physician, psychiatrist, clinical psychologist, advance practice registered nurse, or other medical professional with expertise in psychiatric care). A medical professional can determine that an individual must be held for involuntary psychiatric examination if they have examined them within the preceding 48 hours, they have reason to believe that the person is mentally ill, and because of this illness:
- The individual is refusing voluntary treatment, or is unable to determine for themselves whether such treatment is necessary; and
- Without intervention and treatment, the individual is likely to experience serious neglect due to their inability to care for themselves, or
- Without intervention and treatment, there is an imminent risk that they will cause serious harm to themselves or others.
For these criteria to be met, the medical professional must first decide that the individual concerned has a mental illness. Many Baker Act attorneys are called to deal with cases in which a person’s behavior does not meet the definition of mental illness. Florida law describes a mental illness as a state of emotional or mental impairment that is of such a degree that the person’s daily functioning is hindered. For example, they may not be able to perceive reality, or may not be able to exercise self-control, and because of this, are unable to meet the demands of everyday life.
Medical Treatment And Wrongful Baker Act Holds
When used in appropriate circumstances, the Baker Act saves lives. If a person is suffering from a mental health crisis and is refusing treatment, it is very important that an intervention is initiated to prevent them from harming themselves or others and to ensure they receive much-needed treatment.
However, sadly, the Baker Act is also often misapplied. One circumstance in which the Act is sometimes misused is when a person presents at a hospital or ER with some kind of medical issue (for example, severe stomach pain or difficulties breathing), but ends up being Baker Acted by hospital staff when they refuse treatment for this issue. Recently, Baker Act Attorneys dealt with a case in which a person who was experiencing low mood and situational anxiety because of persistent back pain (that hospital staff were unable to successfully treat) refused anti-depressants and anti-anxiety medication when offered to him. This person had no previous history of mental illness, yet was held at the hospital against his will after refusing anti-depressants for a completely normal emotional response in the circumstances.
Factors That May Increase The Likelihood Of A Hospital Baker Act Hold
It goes without saying that people of sound mind have every right to refuse medical treatment or act against medical advice if they so wish: it is their personal and legally protected liberty to do so. Unfortunately, unscrupulous professionals often use this refusal as an opportunity to initiate a Baker Act hold, even when it is clear that the person is not mentally incapacitated in any way.
One factor that tends to make this scenario more likely is health insurance: if the medical professional is aware that their patient has health insurance, there is a greater incentive to initiate a Baker Act hold, given that exorbitant medical bills can be charged for overnight stays. This is not to suggest that you or your loved one should be wary of going to the hospital when you have a health concern: most doctors practice in accordance with rigorous medical ethics and only have their patients’ best interests at heart. But, given our experience, it is important to be aware that wrongful Baker Act holds can, and do, happen in hospitals.
What Can You Do If Your Loved One Is Being Held In Hospital Against Their Will?
If your loved one has been Baker Acted while seeking medical treatment in a hospital and is now being held against their will, you need to take action immediately. A person can only be held for involuntary examination for a maximum of 72 hours, and during this time, the hospital may apply to the court to have their detention extended. If the petition is granted, your loved one could be kept in a facility for several months. For this reason, it is crucial that you take steps to challenge an involuntary Baker Act hold as soon as possible, and before the facility is granted permission to hold your loved one for extended detention.
By contacting a reputable Baker Act attorney, you can begin to prepare a case challenging your loved one’s wrongful Baker Act. In many cases, simply hiring an attorney is indication enough that you are serious about securing the release of your loved one, and further legal action may not be necessary. In the event that the facility applies to the court to extend your loved one’s confinement, your attorney will gather a strong body of evidence to demonstrate that your loved one is not suffering from acute mental illness and that involuntary treatment would be inappropriate.
Florida’s Leading Baker Act Attorneys Are Just A Phone Call Away
The Baker Act’s processes are complex and can be difficult to navigate without legal advice – especially when you are already dealing with the emotional distress of having a family member held in a facility against their will. With an experienced Baker Act attorney in your corner, you are far more likely to obtain the speedy release of your loved one.
The renowned team at Baker Act Attorneys is here to help you every step of the way, and will deploy their legal acumen and passion for justice to successfully argue for the immediate release of your family member.
Exceptional legal assistance is just a phone call away – contact us at 855-429-0074 to find out more about how we can help you.