HEALTH LAW

Mr. Roland Jones, a patient of Dr. Reed Simon, has a history of mental illness. Mr. Jones is taking Depakote®, a medication for bipolar patients, but was hospitalized because he has been having increased symptoms of hallucinations and convulsions. Mr. Jones has no known family in the local area, and insists on going home because he is “afraid of these nurses.” Dr. Simon refused to release the patient, so Mr. Jones sneaked out of the hospital. He was found approximately 3 hours later near the side of the road (approximately 2 miles from the hospital) and was non-responsive.

Please discuss the following:

1. What responsibilities and liabilities does the hospital have? Dr. Simon? Any other healthcare professionals involved? 
2. What options did the facility have in terms of ensuring Mr. Jones wasn’t able to physically leave the facility? 
3. Should a medical facility have the ability, under the law, to keep a person against their will? 
4. If so, what criteria should be used? Who decides whether patients fit these criteria? 
5. Now, that Mr. Jones has been found, please discuss how you as the administrator of this facility will respond to this incident and what measures will be put in place to avoid such an undesirable outcome.