Legal Question in Civil Rights Law in Indiana

Hospital ''confinement''

Is it illegal for a hospital to prevent a patient from going outside, for example for a breath of fresh air? (this assumes that said patient is ambulatory)

No reference is intended to the issue of how wise the action may be.... merely whether a hospital is overstepping its legal boundaries by forbidding a patient to step outside. It could be said that such action constitutes criminal confinement.


Asked on 11/29/05, 6:12 am

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

Re: Hospital ''confinement''

That's going to be a very fact sensitive case. There certainly may be some valid reasons why a hospital may not want patients in a particular area or outside the hospital. The mere fact that a patient was prevented from access to certain portions of the property of the hospital is not, in my opinion, sufficient grounds for any kind of action. Confinement would not be an appropriate term since there's no allegation made by you of confinement, but merely that the hospital refuses to permit access to certain portions of the hospital, namely, the exterior. Not permitting a patient access to the outside is not necessarily an unlawful confinement. There would have to be much more in the way of facts for a claim of unlawful confinement to be made.

I think the problem is best resolved through your doctor. Have him/her order some "fresh air." Probably don't even need a perscription. /smile

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Answered on 11/29/05, 9:46 am


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