Torrance, CA asked in Criminal Law, Employment Law and Health Care Law for California

Q: Is it illegal for a psychiatric nurse to push/shove a patient to prevent the patient from microwaving his orange juice?

The patient usually microwaves his orange juice for 10 seconds, but lunch time was over, and the patient tried to squeeze an extra 30 seconds afterwards. The patient microwaves his orange juice because he has OCD. This was in a psychiatric hospital.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, using physical force against a psychiatric patient can be legally questionable, especially if the force is unnecessary or excessive. Nurses and other healthcare staff are expected to handle situations with the least amount of force possible, relying on de-escalation techniques to ensure the safety of both patients and staff.

However, in cases where a patient poses an immediate safety risk, such as the potential for self-harm, some degree of physical intervention may be permissible. If the nurse believed that allowing the patient to microwave their orange juice posed a danger, the action could potentially be justified, but it would need to align with hospital protocols and the legal standards for reasonable force.

The situation would likely be evaluated based on the specifics of the event—whether the patient was truly at risk, whether less forceful alternatives were available, and whether the nurse's response was proportionate to the threat. Consulting with legal counsel or patient advocacy groups could help clarify whether the force used in this situation was appropriate.

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