[AZ] [AZ] Did the hospital unlawfully detain me and if so what can I do about it?
- ARS § 36-519 (voluntary patient rights): If they didn’t promptly discharge or initiate an involuntary hold under § 36-520 after your AMA request, detention may be unlawful; the 72-hour clock excludes weekends/holidays.
- Coerced consent/misrepresentation: Being told “you can leave anytime” then blocked may support false imprisonment and lack-of-informed-consent claims.
- Holter denial: Refusing prescribed cardiac monitoring may be negligence/denial of care if it delayed diagnosis or caused harm.
- Emotional distress/abuse of power: Demeaning your wife and discouraging advocacy supports IIED and ethics complaints.
- Unsafe conditions: Report to AZ Adult Protective Services and AZ Dept. of Health Services (Behavioral Health).
Immediate steps:
- File complaints with ADHS Behavioral Health Licensing; include timeline, AMA request, Holter denial, staff names, incidents.
- Request complete medical records in writing (HIPAA: 30 days).
- Consider counsel: civil rights/medical malpractice in AZ; ACLU of AZ; Arizona Center for Disability Law; or private attorneys via State Bar of Arizona.
Anything else you’d like me to explain?
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I went to the ER for PVC/PAC heart rhythm issues. I voluntarily admitted myself to Via Linda Behavioral Hospital for SI concerns—said I “wouldn’t mind going to sleep and not waking up” because of pain and daily heart flutters. I was told I could check out AMA anytime, but later they said I couldn’t leave until a doctor approved it. I signed papers while extremely emotional and vulnerable. They won’t let me wear my prescribed Holter monitor. Can I sue for emotional distress, coercion, kidnapping, or something?
I’m sorry you’re going through this. What specific actions or lack of information made you feel coerced or distressed?
I sent them this: “Under ARS § 36-519(B), I’m a voluntary patient and have submitted an AMA discharge request. You must act on it immediately. If you think I need to be held, start a 72-hour hold now; that clock excludes weekends. If I’m not under an involuntary hold, let me leave or give me the legal reason in writing today.”
Did you tell staff about not being able to leave or wear your heart monitor?
I did. And they’ve still denied my Holter monitor.
- Voluntary admission on May 8, 2025 (Scottsdale, AZ).
- Told I could leave AMA anytime; no clear explanation of discharge/hold process.
- Submitted AMA discharge 9:30 PM Sunday, May 11; staff said nothing until “tomorrow” without starting a formal hold.
- Denied prescribed Holter monitor; wife delivered it; staff refused.
- Staff implied my wife might be “part of the problem.”
- Witnessed safety issues (elderly patient without clothes for 5 days; delayed 911 call).
I’ll do my best to assist. Can you describe interactions showing your rights weren’t respected?
- Coercion during admission: While distressed, staff reassured me I could “just AMA” and leave; pressured me to sign voluntary forms without clear rights explanation.
- AMA misinformation: After my written AMA request (Sun, May 11, 9:30 PM), they said I had to wait for a doctor; no paperwork for a psychiatric hold; no doctor saw me that night.
- Remarks about my wife: Staff said she was “part of the problem” when she advocated or dropped off my monitor.
- Holter denial: Cardiology-prescribed device refused without justification.
- Unsafe conditions: 95-year-old veteran in same clothes 5 days; delayed 911 for another patient.
Limiting my movement after saying I could leave made me feel kidnapped under false pretenses.
Thanks—please give me a moment to prepare a response.
Okay, thank you. I have more possible violations.
- False imprisonment/unlawful detention if no lawful hold after AMA.
- Lack of informed consent when signing while distressed.
- Denial of necessary medical care (Holter).
- Right to refuse treatment violations (42 CFR § 482.13).
- Possible retaliation/discrimination against my advocate (wife).
- Neglect/abuse witnessed—reportable to APS.
- Constructive involuntary commitment violating due process.
- ARS § 36-519 (voluntary patient rights): If they didn’t promptly discharge or initiate an involuntary hold under § 36-520 after your AMA request, detention may be unlawful; the 72-hour clock excludes weekends/holidays.
- Coerced consent/misrepresentation: Being told “you can leave anytime” then blocked may support false imprisonment and lack-of-informed-consent claims.
- Holter denial: Refusing prescribed cardiac monitoring may be negligence/denial of care if it delayed diagnosis or caused harm.
- Emotional distress/abuse of power: Demeaning your wife and discouraging advocacy supports IIED and ethics complaints.
- Unsafe conditions: Report to AZ Adult Protective Services and AZ Dept. of Health Services (Behavioral Health).
Immediate steps:
- File complaints with ADHS Behavioral Health Licensing; include timeline, AMA request, Holter denial, staff names, incidents.
- Request complete medical records in writing (HIPAA: 30 days).
- Consider counsel: civil rights/medical malpractice in AZ; ACLU of AZ; Arizona Center for Disability Law; or private attorneys via State Bar of Arizona.
Anything else you’d like me to explain?
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