dissenting:
I would affirm the jury’s verdict and the district court’s judgment in favor of Debra Schlotfeldt.
Involuntary commitment is one of the most dangerous weapons *50that a society can employ. Totalitarian governments have used it extensively against their political enemies. Private organizations can use it for financial gain. Because of the inherent potential for misuse of this weapon, it is crucial that the procedural safeguards established by the State be strictly observed.
The Nevada Legislature has set forth the minimum procedural requirements for an involuntary commitment in NRS 433A.115-330. In this case there was no court-ordered admission under NRS 433A.200-330, so presumably the detention of Schlotfeldt was justified by an emergency. Nevada law does provide for an emergency commitment, which does not require court intervention. NRS 433A.160. A physician, or other designated professionals, may certify a “mentally ill person,” (as defined in NRS 433A. 115) and “set forth in detail the facts and reasons on which the examining person bases his opinions and conclusions.” NRS 433A.180. The mental health facility’s or hospital’s obligation for an emergency admission is set forth as follows:
433A.170 Certificate of psychiatrist, psychologist or physician required. The administrative officer of a facility operated by the division or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS 433A.150 and 433A. 160 unless that application is accompanied by a certificate of a psychiatrist, licensed psychologist or physician stating that he has examined the person alleged to be mentally ill and that he has concluded that as a result of mental illness the person is likely to harm himself or others. . . .
In this case, the hospital made absolutely no attempt to obtain the required certification for Debra Schlotfeldt after she insisted on leaving. The hospital had no legal justification for detaining her. Therefore, the verdict in favor of her claim for false imprisonment was appropriate.
The majority bases its decision to reverse the judgment on the district court’s failure to admit evidence of subsequent hospitalizations and the district court’s instruction regarding agency. I disagree with the majority’s conclusions on both issues, and I submit that they are irrelevant to the case. According to the undisputed evidence, Charter Hospital of Las Vegas wrongfully detained Schlotfeldt and was rightfully held liable for its actions.