Woman sues UHWI over alleged false imprisonment
... claims family land dispute led to incident last month
Published:Tuesday | February 25, 2025 | 12:10 AMSashana Small/Staff Reporter
A woman has filed a lawsuit against the University Hospital of the West Indies (UHWI), alleging that she was forcibly removed from her home and taken to the hospital for mental health treatment. She is accusing the hospital of malicious destruction of property, assault and battery, false imprisonment, and negligence.
The claim, filed on February 10, 2025, also names the attorney general and the Jamaica Fire Brigade as first and second defendants, respectively, alleging that they abetted the process, which resulted in the claimant sustaining personal injuries, suffering loss and damage, and incurring expenses.
Margaret Shaw, a 58-year-old former patient care assistant, said she has no history of mental illness and that the entire incident stems from a family dispute over ownership of the home in which she resides in St Andrew.
According to Shaw, she has lived on the property for years as caregiver for her mother, who died in 2022 without leaving a will.
“I am getting a fight from my other siblings. They want to take it away from me so they want to pull it off that I am mentally ill,” she said.
Shaw’s lawsuit claims that, on January 16, 2025, about eight staff from the UHWI arrived at her home and demanded to enter the property without producing any documentation or warrant.
When Shaw and her sister, Maxine, refused access, the police were contacted. The police subsequently called the Jamaica Fire Brigade (JFB) to gain entry to the property, she claimed.
The lawsuit further alleges that members of the JFB used a crowbar to pry open the claimant’s front door after which UHWI staffers entered her house, assaulted her, and forcefully removed her and took her to the Accident and Emergency (A&E) Unit at the UHWI. Shaw said she was tied to a stretcher and that a UHWI staff member withdrew blood without consent.
Shaw said she was held there for approximately four hours before she was discharged.
“They did not medicate me inside A&E, nor did she give me any prescription to buy any medication,” she said.
STILL REELING FROM TRAUMATIC EXPERIENCE
Shaw stated that she currently has a matter before the courts with one of her relatives who accused her of maliciously destroying property on a flat that is on the same property as the house. Admitting that they have a contentious relationship, Shaw said the relative has been threatening to have her committed to a mental health facility since September last year.
She said that she did not realise that the threats were serious, and she is still reeling from this traumatic experience.
“All of them (siblings) left the home and left everything on me. Every year, mi haffi find money pay the property tax. When the matriarch was here, I didn’t have it easy. I have to work sessions like wow,” she said.
Meanwhile, attorney-at-law Hugh Wildman, who is representing Shaw, said the defendants breached the Mental Health Act.
“They have no basis in law to take the lady from the privacy of their home as they did,” Wildman told The Gleaner.
The particulars of the claim include a failure of the defendants to follow proper procedure, as outlined by Section 6 of the Mental Health Act.
The act states that a patient may only be admitted to and detained in a psychiatric facility if an application for admission is made on the grounds that the patient is suffering from a mental disorder that justifies detention for observation or treatment, or for their own health or safety, or for the protection of others.
The application may be made by the patient’s nearest relative or, subject to certain conditions, by a mental health officer, public health nurse, or approved social worker.
The claim also highlights the failure of the defendants to ensure they had proper authority before taking forceful action against the claimant, and the failure of their agents to exercise due diligence in gathering proper information before taking such action.
Furthermore, the claim asserts that the defendants’ agents used unlawful force to threaten Shaw, and that a UHWI staff member unlawfully took her blood without consent.
Shaw is seeking damages from the defendants, including future expenses, special damages, aggravated damages, exemplary damages, and interest at a rate and for a period the court deems appropriate, in accordance with the Law Reform (Miscellaneous Provisions) Act. Additionally, Shaw is requesting costs and attorney’s fees, as well as any further relief the court finds just and appropriate.