Brand v. University Hospital

525 S.E.2d 374, 240 Ga. App. 824, 99 Fulton County D. Rep. 4362, 1999 Ga. App. LEXIS 1497
CourtCourt of Appeals of Georgia
DecidedNovember 16, 1999
DocketA99A1514
StatusPublished

This text of 525 S.E.2d 374 (Brand v. University Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brand v. University Hospital, 525 S.E.2d 374, 240 Ga. App. 824, 99 Fulton County D. Rep. 4362, 1999 Ga. App. LEXIS 1497 (Ga. Ct. App. 1999).

Opinion

Andrews, Presiding Judge.

Christine Brand appeals from the trial court’s grant of University Hospital’s motion for summary judgment on her false imprisonment claim. Because we find Brand submitted sufficient evidence to create a jury issue on this claim, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). To obtain summary judgment, a defendant need not produce any evidence, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim. Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991). Our review of a grant of summary judgment is de novo, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmovant. Rice v. Huff, 221 Ga. App. 592 (472 SE2d 140) (1996).

Brand claims that she was admitted to the Behavioral Health Unit of University Hospital around 2:30 a.m. on Thursday, October 28, 1993, and was not released until about 5:30 p.m. on Friday, October 29, 1993. She argues that even though she demanded to be released, the doctors and nurses would not allow her to leave.

Viewing the evidence in the light most favorable to Brand as nonmovant, the record shows that this case arose on October 27, 1993, when Brand, who was out of town on a business trip, pulled into a gas station because she was not feeling well. Before she could stop the car she suffered a seizure and blacked out. She was taken to the hospital in Thomasville where the doctor gave her the option of staying the night and seeing the neurologist the next day or going home to see her own doctor.1

Mary Buchanan, a co-worker, testified that after Brand’s accident, two other employees went to get her at the hospital in Thomas-ville because Brand could not drive. They got back to Augusta with Brand around 2:00 a.m. on Thursday, October 28, and met Mary Buchanan who had told them she would take Brand to the hospital. Buchanan said she took Brand to the Behavioral Unit of the hospital [825]*825instead of to the emergency room because she assumed Brand had a drug problem. Buchanan said she was an ex-drug addict herself and she recognized the symptoms. Buchanan did not tell Brand she was taking her to the Behavioral Unit — just that she was taking her to the hospital. Buchanan testified that Brand was shaking and trembling to the extent she was almost convulsing and also was disoriented. But, Brand admitted that she signed the consent to treatment form and the “Patient Rights” form when she was admitted.

A nurse did a psychiatric nursing assessment just after Brand was admitted, and this showed no problems beyond “anxiety” and “ineffective coping.” Nevertheless, Brand was put on a suicide watch, and the doctor who saw her on Thursday morning recommended she be admitted for further evaluation. His diagnosis was that she was suffering from a panic attack with at least mild depression.

Brand testified that when she awakened Thursday morning and realized where she was, she began requesting a transfer to the main hospital, and the medical records bear this out. The doctor who saw her on the morning of October 28 noted that she called him several times that day and “asked to go home.” The doctor said he told her to wait until he could see her. The nurses’ notes for October 29 state that Brand was concerned about being in the psychiatric unit and wanted to have her seizures checked out and said she did not need to be in a psychiatric unit for that. The nurse noted that Brand talked to the doctor about being admitted to the main hospital but the doctor said he preferred to keep her in the psychiatric unit.

Brand said that on Thursday she was still trying to be “polite” while requesting a transfer. She said the doctor told her he would return later that day and release her. He did not. When asked if she had ever tried to just walk out, Brand replied that she had, but all the doors were locked. Brand stated that she was locked in the entire time she was on the ward; however, University Hospital points out that Brand left the Behavioral Unit for additional diagnostic procedures such as a chest x-ray and a CT head scan.

Brand’s mother said that when she went to take Brand home on the night of October 28, the nurse would not allow her to do so, saying the doctor must release her. Mrs. Brand asked for the doctor’s name, but the nurse would not give it to her, and when she asked the nurse to call the doctor, the nurse refused.

Brand’s father was also at the hospital on the evening of October 28 and testified that the nurses said they could not release Brand without the doctor’s permission and they would not call the doctor.

Mrs. Brand said she and her husband went home and the next day Christine called her crying and asked her to come get her. She said she went to the hospital and waited, but Christine did not come out. She said she could see Christine standing on the other side of the [826]*826locked glass doors, but the nurses would not open them. After Christine began crying and violently shaking the doors and yelling for the nurses to let her out, one of the nurses finally “buzzed” the door open.

After leaving the hospital, Brand called her own doctor who had her admitted to the diabetic ward of another hospital for treatment of her physical symptoms. Her treating physician stated that Brand suffered from sleep deprivation and anxiety attacks but was otherwise emotionally and mentally stable and had no physical problems other than her tremors.

Brand then filed suit against University Hospital claiming she was falsely imprisoned. The trial court granted University Hospital’s motion for summary judgment on Brand’s claim, finding “that there is no evidence that University Hospital acted intentionally to cause Plaintiff’s confinement or detention.”

“False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty.” OCGA § 51-7-20. University Hospital contends that Brand was never involuntarily detained, but rather that she voluntarily entered the Behavioral Unit and agreed to stay there for the period during which she was hospitalized and, when she decided to leave, was discharged at her request. The hospital did not dispute that Brand wanted to leave, but rather argues that after “consultation with physicians and University Hospital staff, voluntarily chose to remain in the Behavioral Health Unit.” Therefore, the hospital does not claim that it followed the statutory procedure outlined in OCGA § 37-3-22 which provides for the discharge of a voluntary patient.

As the trial court correctly noted, the tort of false imprisonment is an intentional tort. Stewart v. Williams, 243 Ga. 580, 581 (255 SE2d 699) (1979). But, the trial court erred when it found that there was no evidence that University Hospital acted intentionally to cause Brand’s confinement.

First, there was evidence that Brand never voluntarily admitted herself to the Behavioral Health Unit.

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Related

Lau's Corp., Inc. v. Haskins
405 S.E.2d 474 (Supreme Court of Georgia, 1991)
Stewart v. Williams
255 S.E.2d 699 (Supreme Court of Georgia, 1979)
Rice v. Huff
472 S.E.2d 140 (Court of Appeals of Georgia, 1996)
Heath v. Emory University Hospital
431 S.E.2d 427 (Court of Appeals of Georgia, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
525 S.E.2d 374, 240 Ga. App. 824, 99 Fulton County D. Rep. 4362, 1999 Ga. App. LEXIS 1497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brand-v-university-hospital-gactapp-1999.