Background on location: State run mental health facility with about 450 "clients", direct care staff, nurses and doctors. Clients range from severely handicapped with deformities, etc, to "high functioning". Most clients are wards for the state, but there are some that have guardianship over themselves. Their policy is to call 911 for EVERYTHING (cuts, bruises, etc) and they have to go to the hospital.
Dispatched for person that ingested some type of body spray. When we arrive, the staff nurse has the bottle in her hand, and says she called poison control who told them to just give water (the spray was mostly alcohol). The client did not want to go to the hospital and was very uncooperative. We would have had to restrain her, and the staff want have any part of that because they are afraid of being accused of abuse. She also happens to be listed as self-guardian, but on the same page her "age equivalent" is 5 years old.
On one hand, there is implied consent due to the mental handicap etc
On the other, would it not be considered battery to restrain and drag this person to the hospital when they do not want to go and there is no emergency going on?
Dispatched for person that ingested some type of body spray. When we arrive, the staff nurse has the bottle in her hand, and says she called poison control who told them to just give water (the spray was mostly alcohol). The client did not want to go to the hospital and was very uncooperative. We would have had to restrain her, and the staff want have any part of that because they are afraid of being accused of abuse. She also happens to be listed as self-guardian, but on the same page her "age equivalent" is 5 years old.
On one hand, there is implied consent due to the mental handicap etc
On the other, would it not be considered battery to restrain and drag this person to the hospital when they do not want to go and there is no emergency going on?
But aside from that, if you were at a State Mental Hospital, where were the Human Services Police? I'd probably put it on them, if there was some impasse as to whether the resident should be transported or not.