Illegal Baker Act

[Kindness90]

I live in Florida and I used to work at a internal medicine dr office and this past June one of the ARNPs' decided to Baker Act which I felt was very unprofessional. It is a story with alot of details but my main question is was the Baker Act legal if the ARNP does not have a master's or a doctorate in psychiatric nursing and if not, is there anything I can do about it? The ARNP signed the Baker Act. The doctor of the office was not in that day. He was at home sick. I was taken away for 2 days away from my children. I have worked at this office for over a year and vented to these people about the stress in my life and they turn around and Baker Act me simply for having a bad day. I have looked up the criteria for Baker Act and I did not meet it all. They have since then locked my patient chart but not before i printed all my office notes. They locked my chart once I told them that I would not be seen as a patient there anymore. Tensions have been high since then and I no longer work at the office. Is there any legal action i can take for emotional & mental distress? They knew my financial situation and decided that it was necessary to take me away from my children for 2 days.

 

[Just Blue]

I live in Florida and I used to work at a internal medicine dr office and this past June one of the ARNPs' decided to Baker Act which I felt was very unprofessional. It is a story with alot of details but my main question is was the Baker Act legal if the ARNP does not have a master's or a doctorate in psychiatric nursing and if not, is there anything I can do about it? The ARNP signed the Baker Act. The doctor of the office was not in that day. He was at home sick. I was taken away for 2 days away from my children. I have worked at this office for over a year and vented to these people about the stress in my life and they turn around and Baker Act me simply for having a bad day. I have looked up the criteria for Baker Act and I did not meet it all. They have since then locked my patient chart but not before i printed all my office notes. They locked my chart once I told them that I would not be seen as a patient there anymore. Tensions have been high since then and I no longer work at the office. Is there any legal action i can take for emotional & mental distress? They knew my financial situation and decided that it was necessary to take me away from my children for 2 days.

Please clarify; "vented to these people about the stress in my life".

What was said during your "vent"?

 

[quincy]

An ARNP is a licensed nurse.

Did the police take you to the hospital for an evaluation? Were they able to confirm the nurse's belief that you presented as a danger to yourself or others?

I see no legal action for you to pursue against anyone based on the information you have provided.

 

[xylene]

OP, you should talk to a lawyer about a medical malpractice if you beleive you did not reach the baker act criteria.

 

[quincy]

Here is a link to the Florida Mental Health Act: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0394/0394.html