Legal Question in Health Care Law in Texas

In Texas what is the legal right of a person who is hospitalized for checking himself out.


Asked on 5/01/12, 10:33 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The Fifth Amendment says that you can't be deprived of life, liberty, or property without due process of law. Nobody has the right to force you to stay in a hospital, unless there was some kind of court order.

In other words, you have the legal right to get up and leave. If someone tries to prevent you from doing so physically, it's called "malicious false imprisonment." Which is a tort.

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Answered on 5/03/12, 3:16 pm


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