Review article: Detaining patients against their will: Can duty of care be used to justify detention and restraint in emergency departments?
Anne-Maree KellyMichael EburnTina CockburnAnand SenthiPublished in: Emergency medicine Australasia : EMA (2023)
Every day in EDs, clinicians are faced with situations where they need to decide whether to detain a patient for assessment and treatment. For patients who meet the relevant criteria, provisions of mental health legislation can be used. For other patients, clinicians often rely on so-called 'duty of care'. This article briefly explores this complex area of law, including the relevant legislation, common law principles and grey areas. It also proposes an approach to decision-making in this area.