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Can you be held without consent by a doctor?

My freind just called and said he mentioned to his doctor that he had thought about suicide at one point, the doctor said they called and made him an appointment to be evaluated and he had to go right then, and if he did not, the Police would arrest him and make him go and stay.

Is this legal? How can a doctor have the Police force medical care upon someone?

8 Answers

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  • 9 years ago
    Favorite Answer

    Under the mental health act , if you are concidered to be at risk of harming yourself or others , you can be detained against your will and evaluated , this action is lawful and has your best interests at hand , how ever you can be transferred to a different hospital or clinic for evaluation as long as you are evaluated.

  • 9 years ago

    A doctor cannot instruct the police to arrest someone, under any circumstances. He can arrange for him to be held under section, using the Mental Health Act. To do this however he must see the patient, assess him, and confirm that he is a risk either to himself or others AND that he refuses treatment. He cannot do it by proxy if he has not seen and had a consultation with the patient.

    Source(s): GP for more years than I care to remember
  • 9 years ago

    It's not medical care, its psychological care. Anyone can detain a person if they see fit. If you saw a person in the street with a gun in their mouth, you could tackle them and detain them without hurting them, hold them down or something, and call the police. You can also enact a citizen's arrest, you could charge them with disturbance of the peace or something simple, just enough to hold them there until help arrived.

    If the doctor believed that if he did not receive help immediately, and would leave his office and commit suicide, he was right in detaining him until help arrived. Hopefully your friend is OK, and will accept the help they offer.

  • 9 years ago

    anyone can report somebody else if they think they are a risk to themselves or others. the police do then have the power to detain under the mental health act (not sure which section). However the doctor cannot hold the patient there because that's deprivation of liberties.

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  • 9 years ago

    They can call the police if a person is a danger to him/herself and others, or if they suspect beatings or a kidnapping. I think the

    max he can be kept without consent is a week, but I'm not sure. Afterwards they would charge him, anyways. Is your friend underage?

    Sounds like he only had an invaluation and wasn't locked anywhere

  • ?
    Lv 5
    9 years ago

    They are legally required to report statements like that to the proper authority (be it the police or a specialist). Same goes for teachers in school who suspect a student may be a victim of child abuse. They are required by law to contact the authorities to deal with the situation.

  • ?
    Lv 5
    9 years ago

    people can be detained under the mental health act (sectioned) if they are considered a danger to themselves or to others. the doctor was obliged to do this.

  • Anonymous
    9 years ago

    YES IT IS.

    Once the word suicide is mentioned, you lose all civil liberties. The hospital is liable if you leave and hurt yourself, so they will pull out the leather restraints if necessary to keep you in the ER till the PSYCH person can come to the hospital and see the person.

    I've seen it take DAYS.

    Source(s): ER RN, 15y
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