Return to Forensic Home Page
Burch was admitted to Fl state hosp while "medicated & disoriented" as "voluntary" pt. He sued for deprivation of liberty without due process. The court said he wasn't competent, but primarily looked only at deprivation of liberty as being adequately addressed with tort law. They said Fl did not fulfil its duty to protect patient, and couldn't say this was just a random act of an employee who failed to follow procedure.