Our client walked into a private hospital’s mental health unit because she wanted help. However, less than a week later, she stepped outside for a walk and was unlawfully detained under the Mental Health Act.
This unlawful Mental Health Act detention became a civil claim against the company that ran the hospital. In the end, we received a successful outcome for our client which ended in a consent judgment and a compensation pay out of $80,000.
Claiming against a hospital
Our client lived with a trauma-related condition and was under the care of a treating psychiatrist. That psychiatrist referred her to a private hospital for mental health treatment, and she admitted herself as a voluntary patient.
Over the following days, hospital staff recorded a low risk of harm to herself or others. She had no history of self-harm, she was engaging with staff and she was using the gym to look after her wellbeing.
Notably, her psychiatrist had warned the hospital that being detained against her will could set her recovery back.
What happened on the day
One morning, our client walked out of the hospital to go for a walk. Twenty minutes later, staff could not find her.
A doctor then completed a scheduling certificate. This is a document that allows a person to be detained as an involuntary patient. We allege that the doctor had not personally seen her at any point during her stay. The certificate also asked police to help find her.
Our client had walked to a nearby takeaway shop to use the bathroom and fill her water bottle. Police officers found her there. They told her that she was being detained. Our client was respectful and cooperative throughout, despite having to undergo the humiliation and distress of being detained in public.
The claim against the hospital
Instead of being taken straight to the declared mental health facility named in the certificate, our client was escorted back to the hospital she had walked out of. We allege the doctor again declined to see her, and instead of providing her the care that she needed, directed that she be taken to a different, declared mental health facility.
There, two psychiatrists assessed her and concluded she should not be detained. The scheduling was then lifted. However, by then the hospital had discharged her, so she could not go back to the care she had bravely sought in the first place.
We sued the company that operated the hospital for false imprisonment. We claimed damages for the loss of her liberty, including aggravated and exemplary damages. Our lawyers made no claim for personal injury.
Our approach to suing the hospital
We built the claim around the hospital’s own paperwork. The referral letter, the risk assessments recorded during her stay and the receiving facility’s assessment all told a consistent story.
We pleaded that the scheduling was unlawful on several grounds. In fact, the doctor who signed the certificate had not personally examined or observed her, our client did not meet the legal test for involuntary detention, and less restrictive options were available.
Our lawyer, Megan Kirk, also explained why the way she was treated mattered. In particular, she stated that our client had gone to the hospital voluntarily, at a time when she was vulnerable, and ended up detained in public and then discharged without any consultation.
What does it mean to be scheduled under the Mental Health Act?
To be scheduled means a doctor or other authorised person has certified that you should be taken to a mental health facility for assessment.
The law sets strict conditions before that can happen, including that the person has been examined or observed by the person signing the certificate. You can read the full process on the Mental Health Act 2007 (NSW).
The outcome
The company that operated the hospital consented to a judgment in our client’s favour and agreed to pay $80,000 to the client for compensation and legal costs.
This means that the matter was resolved without a contested hearing, with it agreed between the parties that our client won and the hospital lost the proceedings.
Read another one of our case studies on civil claims for false imprisonment.
Need a lawyer for an unlawful detention claim?
If you or someone you care about was detained without proper legal authority, you may have a claim.
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We always change the names and other identifiable details in case studies to protect client privacy.
Past results do not guarantee future outcomes. Every case is assessed on its individual merits.
This content is for general information purposes only and does not constitute legal advice.
