Review article: Detaining patients against their will: Can duty of care be used to justify detention and restraint in emergency departments?

Every day in EDs, clinicians are faced with situations where they need to decide whether to detain a patient for assessment and treatment. For patients who meet the relevant criteria, provisions of mental health legislation can be used. For other patients, clinicians often rely on so‐called ‘duty of...

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Published inEmergency medicine Australasia Vol. 35; no. 6; pp. 896 - 902
Main Authors Kelly, Anne‐Maree, Eburn, Michael, Cockburn, Tina, Senthi, Anand
Format Journal Article
LanguageEnglish
Published 01.12.2023
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ISSN1742-6731
1742-6723
1742-6723
DOI10.1111/1742-6723.14299

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Summary:Every day in EDs, clinicians are faced with situations where they need to decide whether to detain a patient for assessment and treatment. For patients who meet the relevant criteria, provisions of mental health legislation can be used. For other patients, clinicians often rely on so‐called ‘duty of care’. This article briefly explores this complex area of law, including the relevant legislation, common law principles and grey areas. It also proposes an approach to decision‐making in this area.
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ISSN:1742-6731
1742-6723
1742-6723
DOI:10.1111/1742-6723.14299