The rights of involuntary patients to refuse pharmacotherapy: what is reasonable?
نویسنده
چکیده
A number of prominent and often well-reasoned cases have increasingly defined a limited right, on the part of involuntarily detained psychiatric patients, to refuse treatment.3-12 Historically, most of these cases dealt with prisoners,6 or with patients who had religious objections to the treatments being imposed.3 However, as the mental health bar expanded and as scholarly critiques proliferated,13-20 the courts have been called upon to extend this right. That is, to extend it to nonprisoners on constitutional grounds other than religion. Over the last year, three federal district courts have reached different conclusionj as to how this right should be extended. First, in Rennie v. Klein 11 the court developed the least-restrictive-alternative reasoning of earlier cases21 -23 and commentaries24 ,25 in finding that the plaintiffpatient had a qualified right to refuse treatment. That case, initially decided after detailed scrutiny of that one patient's treatment needs, was subsequently broadened into a class-action suit. 26 The second opinion in the case, besides continuing to hold that a right to refuse treatment exists, created an elaborate review process. That process is extra-judicial, an independent psychiatrist is established to review treatment decisions; and quasi-judicial, the patient must be provided with an advocate, often a lawyer, to protect this new right. The second court found, in Rogers v. Okin, a constitutionally-rationalized absolute right-to-refuse treatment.27 Treatment could proceed over the patient's objections in only two circumstances: either in a narrowly defined emergency; or, where the patient had previously been adjudicated incompetent and a guardian had consented to the treatment. This second class-action suit significantly widened the right-to-refuse doctrine in comparison with Rennie. The third court, inA. E. and R. R. v. Mitchell,
منابع مشابه
بررسی عوامل و راه کارهای رعایت حقوق بیمار
Objective: increase of patient's rights observance is one of the important goals of therapeutic group activities which will have useful role in improving health of the patient. Meanwhile, many physicians play important role in providing better services. Most of the physicians imagine themselves in a position that they are authorized to determine destiny of their patients. In some cases, the...
متن کاملبررسی عوامل و راه کارهای رعایت حقوق بیمار
Objective: increase of patient's rights observance is one of the important goals of therapeutic group activities which will have useful role in improving health of the patient. Meanwhile, many physicians play important role in providing better services. Most of the physicians imagine themselves in a position that they are authorized to determine destiny of their patients. In some cases, the...
متن کاملOne right too many.
For all too many years, few people gave much thought to the civil rights of hospitalized mental patients. More recently, fortunately, that situation has largely changed. The right to treatment, involuntary hospitalization, and 1I0W the right to refuse treatment, are among the issues which are predominant. The ofttimes delicate balance may not always be resolved in favor of the patient's needs, ...
متن کاملبستری و درمان اجباری: نگاهی به قوانین بهداشت روان
AbstractObjectives: Disregard of the rights of the mentally ill is a prevalent condition in the world. Whereas until the mid twentieth century most legislations were enacted to protect the society against individuals with mental disorders, in recent years the attitudes of legislators has been focused on protecting the rights of the mentally ill. The aim of this study is to review the laws relat...
متن کاملInvoluntary treatment of psychiatric patients in South Africa.
Society deems that mentally ill patients who lack insight and judgement may be treated involuntarily in institutions as a way of protecting them and the society around them. The ethical principle of 'paternalism' supersedes the principle of 'autonomy'. In South Africa, the new Mental Health Care Act (MHCA), No 17, 2002 has raised the issues and profile of mental health and serves as an advocate...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- The Bulletin of the American Academy of Psychiatry and the Law
دوره 8 3 شماره
صفحات -
تاریخ انتشار 1980