Mr. Nathan, an elderly male patient hospitalized for prostatic surgery, woke up in the middle of the night, dressed himself, and attempted to leave the nursing unit. An RN approached him to ask him where he was going and tried to detain him. He shoved the woman into a wall and she struck her head, sustaining a concussion. The unit clerk called for help. The patient ran toward the exit and was stopped by two male orderlies and a security guard. As they took him by the arms, he screamed, “I’m being held prisoner! I have the right to leave!” A physician wrote restraining orders to be checked in an hour, and the patient was given an intramuscular sedative. Mr. Nathan sustained some bruises and abrasions in the struggle. The nurse was taken to the ER and was out of work for two weeks. The patient is now suing the hospital for false imprisonment and aggravated assault.

DISCUSSION QUESTIONS

1. What are the known facts in this situation? What else may be going on?
2. What are the responsibilities of the hospital with regard to caring for Mr. Nathan?
3. What should the hospital do about the nurse’s injuries?
4. Was the physician justified in giving the patient a sedative and ordering physical restraints? Provide a rationale for your position.
5. Do you think his suit will hold up in court? Why or why not?