It has been said (probaby correctly) that the purpose of a very brief interview in a Baker Act facility is NOT to determine if the patient continues to meet legal requirements, but to “rubber stamp” a continued “72 hour hold.” By documenting the meeting, this psychiatrist’s  note says the patient was examined that day and is used to justify meeting the facility’s operating procedures. It is a shame and a sham. No good forensic interview can be brief. The interview is forensic because there are legal consequences – notably an individual’s liberty is at stake.

I mentioned the “72 hour hold.” The key wording in the Florida statutes is “up to.” There is no legal requirement that a patient be held for the entire 72 hour period.

Contact Talmadge Law Firm to get assistance.