Forensic Psychiatry Landmark Cases–1. Legal Regulation of Psychiatry – Flashcards
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Addington v Texas
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Civil Commitment-Hospitalization "ADD" the words "clear and convincing" standard for involuntary hospitalization
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O'Connor v Donaldson
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Civil Commitment-Hospitalization Kenneth Donaldson wrote "Insanity Inside Out" "O'Connor Donaldson= Pop's lady heard for 14 yrs in the hospital "Correen O'Donald...Correen O'Donald" Civil Commitment Donaldson psychotic shoplifting spent 14 years in hospital christian scientist, refused tx Is this fair to keep him there untreated indefinitely?? NO -- state cannot confine non-dangerousness mentally ill without treatment "without more" who is capable of surviving by self or with support of others. least restrictive alternative
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Lake v Cameron
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Civil Commitment-Hospitalization "she was bag lady" wandering around the least restrictive lake" in DC Lake was a demented bag lady Obligation on hospital to find Bazelon -"least restrictive alternative" -"individualized treatment plans"
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Zinermon v Burch
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Civil Commitment -Voluntary Hospitalization Burch means to "blunder" Hospital blundered by admitting someone who signed voluntary but was psychotic/incompetent Darrell Burch from Tallahasse hallucinating "highway to heaven" Voluntarily admitted then protested the process of admission ("how can I give voluntary informed consent when I am nuts?") 1983 claim USSC yes-deprived of 14th-procedural due process
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Lessard v Schmidt
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Civil Commitment-Hospitalization Provide extreme ("not Lesser"d) requirement for hospitalization Procedural Due Process- "Criminalization of the mentally ill" Federal Court- Mentally ill had due process protection -right to jury trial -right to remain silent -right to attorney -dangerousness beyond a reasonable doubt
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In Re: Lifschutz
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Confidentiality "Dr. Dipshitz" Patient wanted to waive confidentiality rights-Dr. Lifschitz said no Patient has the right to waive confidentiality, not Dr. Lifschutz, stupid
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Doe v Roe
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Confidentiality "Jane Doe" the book by Dr. Roe Cannot make a book about patient if there is no informed consent.
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Jaffee v Redmond
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Confidentiality Redmond, police officer, shot someone then went to counseling Were the therapy notes protected? Yes, there is a psychotherapist-patient privilege
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Whalen v Roe
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Confidentiality Whalen narcotics NY database which included names Is this OK for state to have patient names?? USSC Yes, it is OK and did not violate due process 14th
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Commonwealth v Kobrin
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Confidentiality "Kobrin covering his tracks" Dr. Kobrin investigated for Medicaid Fraud Government wanted records He objected-- Could he? No he had to give but could scrub
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State v Andring
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Confidentiality "Group is a ring=Andring" Psychotherapist-patient confidentiality extends to groups
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People v Stritzinger
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Confidentiality Stritzinger family name means "strife" "feud" mother father daughter therapist in counseling feud Stritzinger=strict confidentiality agreement Stritzinger had abused daughter. Dr. Walker reported to child protective services. Court forced Dr. Walker to discuss patient information with Mr. Stritzinger. Was this OK? No this was not OK he still had patient-doctor confidentiality with Mr. Stritzinger Violated 6th?
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Youngberg v Romeo
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Right to Mental Health Treatment Mr. Romeo was young, violent, and stupid (like Romeo Juliet??) Mother of Romeo was concerned about his safety in hospital USSC yes hospital has to protect his 14th Amendment Due Process rights and could use "professional judgment"
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Rouse v Cameron
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Right to Mental Health Treatment-Substantive Due Process Rouse= "Louse" ="menace to society" Rouse= Right to bona fide effort to treatment. Arouse a bona if untreated in hospital Rouse was NGRI of a possession charges with one year sentence he served plus 3 years and wanted to be released. Couldn't. Filed Habeus Corpus could he be released when giving no Tx? Yes (unless a real menace to society?) Had a right to treatment based on DC statute-Bazelon Hospitals had to make a "bona fide" effort to give treatment Individualized Treatment DC Court of Appeals
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Wyatt v Stickney
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Right to Mental Health Treatment-Sub Due Process "Stickney=stinky conditions" Horrible conditions in Alabama Hospital has obligation to provide treatment Set minimal hospital standards
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Rogers v Commissioner
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Right to Refuse Mental Health Treatment "Commish=Judicial model" Can a patient invol hosp refuse treatment? Yes, otherwise violates 1st and 8th (Massachusetts) They have that right Judge has to give competency to refuse treatment If incompetent then "substituted judgment" Exception in emergencies A RIGHTS DRIVEN APPROACH
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Rennie v Klein
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Right to Refuse Mental Health Treatmen Klein= "Calvin Klein"=Professional Model Can a patient invol hosp refuse treatment? Yes- professional judgment from doctors from NJ A TREATMENT DRIVEN APPROACH
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Application of the President and Directors of Georgetown College
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Right to Refuse Mental Health Treatment "president even tried to save her life" Ms. Jones, Jehovah Witness, refused life-saving blood transfusions You can give life saving treatment to people if they are incompetent. (why did it not go to guardian??)
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Washington v Harper
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Right to Refuse Mental Health Treatment Do you have to give Harper a basketball court? He fouled out by not taking medication No no court Mr. Harper was a convicted felon with serious mental illness. He refused rx and said giving rx violated his 14th amendment. USSC No we don't have to give you a trial to resolve this...the present policy suffices (right to appeal). Plus, the psychiatrist in hospital are better at determining this than the courts. Deference to doctors
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In re: Guardianship of Richard Roe III
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Right to Refuse Mental Health Treatment (Guardian = guardian's ability to force rx) Richard Roe III was adolescent schizophrenia. Said he was a Christian Scientist (lied) Had guardian Richard Refused rx. Could guardian force rx? Court=No Judge must decide and judge must use substituted judgment
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Superintendent of Belchertown v Saikowitz
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Right to Refuse Mental Health Treatment Belchertown=belching, nausau, vomiting from treatment of chemotherapy for leukemia Mr. Saikowitz was 67 and IQ of 10 Guardian refused rx using "substituted judgment" Was this OK Court= yes that is appropriate standard
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Tarasoff v Regents of the University
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Duty to Warn therapists have a duty to warn third parties "the protective privilege ends (confidentiality) where the public peril begins"
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Lipari v Sears
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Duty to Detain Lipari vs ("guy w Sears gun") Sears also sells cribs Cribbs shot Lipari with a Sears gun. Recently d/c'd from VA. Court said VA should have kept him as he was a danger in general to "third party" Duty to unidentifiable third victims (confusing case--sounds like it should have been more about what he was like when discharged--was he ok or not ok? how could a hospital do more than that??)
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Jablonski v US
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Duty to Protect Foreseeable Victim "Jablonski 'jabbed' his wife and killed her Jablonski was seen at VA-was dangerous schizo Never made specific threats but past history of threats in medical records to kill wife. Three days later killed wife. Should Psychiatrist have warned wife even though not specifically told by Jablonski? Yes
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Naidu v Laird
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Duty to Protect from Driving Naidu Cars is a car service in India- The case is a bunch of lard Dr. Naidu d/c'd Mr. Putney Mr. Putney drove into Mrs. Laird's husband 7 months later Is Dr. Naidu to blame? Yes "proximate cause to Laird's death" What a bullshit case wow! What was Dr. Naidu supposed to do? Just keep him there indefinitely against the liberties of the patient?
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Canterbury v Spence
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Informed Consent-Law standard "Canterbury is a place centered around the people (patient) Spence=spine Laminectomy led to paralysis Sued Doctor-He didn't tell me, should have Did he win? YES, Doctor needs to give "materiality of the information" PATIENT CENTERED
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Truman v Thomas
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Informed Consent-Reasonable Person Tina Truman is reasonable and into woman's issues Refused pap smear-got cervical ca Patient angry-should have known risk of no treatment Was patient right? Yes- should have known risk of no treatment REASONABLE PERSON WOULD WANT TO KNOW
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Kaimowitz v Michigan
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Informed Consent-Research Kaimowitz lost his witz in experimental surgery Involuntary hosp pt sexual psychopath gave consent to amygdala surgery. Is that ok? Court=NO you can't really give consent in such a coercive environment. Maybe for meds but not that. Violates 1st 14 but not 8 amendment and...
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Cruzan v Director, Missouri Dept of Mental Health
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Informed Consent-Withdrawal of Life-sustaining Treatment Cruzan was "clearly cruising" Got into a MVA- severe brain injury Court-Withdraw life sustaining support from parents requires "clear and convincing" standard
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Vacco v Quill
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Physician Assisted Suicide no issue with substantive due process and equal protection of the 14th Amendment "Dr. Quill wanted to kill terminally ill" in NY Court= Nope Withdrawing treatment different from Assisted Suicide
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Washington v Glucksberg
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Physician Assisted Suicide "Dr. Glucksberg was a Dr. Quacksburg" No issue with substantive due process and equal protection of the 14th amendment USSC decided same day as Vacco v Quill 1997 No tradition of right to die Sub due process ( wash) v. Quill =equill protection
