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Court reinstates claim of false imprisonment arising out of involuntary admission

The Estate of Margaret Roush sued The Laurels of Carson City, LLC, arguing that Roush was illegally detained against her will for a period of weeks.  The facility sought summary disposition, arguing that it acted with the approval of a duly-appointed patient advocate and was therefore statutorily immune from liability.  The trial judge agreed and dismissed the claim.

The Estate appealed and the Court of Appeals reversed the lower court.  The Appellate Court pointed out that there were legitimate issues of fact with regard to the validity of the appointment of the patient advocate, and the duration of his "approval."  The Court also noted that the case was summarily dismissed before the Estate's attorneys had an adequate opportunity to examine several hundred pages of medical chart and discvoery responses that had only recently been turned over to them.   The case was sent back to the Montcalm Circuit Court for further discovery.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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