Irvin v. Southern Illinois Healthcare

Illinois Appellate Court
Civil Court
Mental Health Code
Case Number: 
2019 IL App (5th) 170446
Decision Date: 
Tuesday, April 23, 2019
5th Dist.
Jackson Co.
Reversed and remanded.

Plaintiff sought treatment at hospital's ER for leg pain and swelling. Her primary care physician informed attending ER physician that she recently made suicidal ideations. ER personnel prevented Plaintiff from leaving the hospital, and required her to change into a paper hospital gown, turn over her purse, and provide blood and urine samples before a counselor evaluated her. Plaintiff sued for false imprisonment. Genuine issues of material fact exist as to whether hospital complied with requirements of Mental Health and Developmental Disabilities Code, as health care providers are required to do. Detention was lawful only if it complied with requirements of Mental Health Code, including whether hospital first made a diligent effort to convince Plaintiff to submit to mental health evaluation willingly. (WELCH and CATES, concurring.)