Legal regulation of psychiatry Flashcards
Addington v Texas
USSC 1979
Held the constitutional MINIMUM standard of proof required for civil commitment is Clear and Convincing evidence. (WI still uses BRD due to Lessard.)
“One who is suffering from a debilitating MI and in need of tx is neither wholly at liberty nor free of stigma… It cannot be said, therefore, that it is much better for a mentally ill person to ‘go free’ than for a mentally normal person to be committed.”
Jackson v Indiana
Lake v Cameron
Established the Least Restrictive Alternative Doctrine. Held that the state must investigate lesser restrictive forms of tx, or alternative courses of tx, prior to invol hospitalization.
Catherine Lake found wandering, committed. Sued to be discharged to a nursing home, as she was non-dangerous, just at risk of wandering.
Zinermon v Burch
USSC 1990
A pt who is incompetent to give informed consent for admission is denied constitutionally guaranteed procedural safeguards when he merely acquiesces to hospitalization.
Lessard v Schmidt
WI Federal Court 1972
“Criminalization of civil commitment.” Set high watermark at state level for civil commitment procedures, holding the standard of proof to be Beyond a Reasonable Doubt and installing procedural safeguards similar to criminal process.
Civil Rights of Institutionalized Persons Act (CRIPA)
Protection and Advocacy of Individuals with Mental Illness (PAIMI)
Olmstead v L.C.
In re: Lifschutz
privilege
Doe v Roe
confidentiality
Jaffee v Redmond
psychotherapist-patient privilege
Federal Rules of Evidence (FRE) 501
exceptions to confidentiality/privilege
- police powers v confidentiality
- limitations in fraud investigation
State v Andring
reporting acts override federal confidentiality law
People v Stritzinger
degree of reporting required
O’Connor v Donaldson
ISSC 1975
Avoided constitutional “right to treatment” issue, focusing on rejecting custodial care for nondangerous mentally ill who are not receiving tx.
Youngberg v Romeo
professional judgment
Wyatt v Stickney
consent decree/minimal hospital standards
Rogers v Commissioner
judicial model of proxy decision making in the right to refuse MH tx
Rennie v Klein
professional model of proxy decision making in the right to refuse MH tx
Application of the President and Directors of Georgetown College
override of tx approval
Washington v Harper
proxy decision making in prisoners’ right to refuse MH tx
Tarasoff v Regents of the University of California
initial precedent of duty to warn/protect
Lipari v Sears
duty to detain
Jablonski v U.S.
foreseeable victim in duty to warn/protect
Canterbury v Spence
elements of informed consent - standard set by law (vs reasonable person standard)
Kaimowitz v Michigan
informed consent in research
Cruzan v Director, Missouri Dept of MH
withdrawal of life-sustaining treatment
National Practitioner Data Bank
Washington v Glucksberg
physician-assisted suicide
Thomas Sasz, MD
Published The Myth of Mental Illness in 1961. Prominent during the period during which the pendulum of change swung away from the need for tx (parens patriae) justification towards a dangerousness standard. Also at this time, Erving Goffman publshed Asylums: Essays on the Social Situation of Mental Patients and Other Inmates, Civil Rights Act of 1964, and Wyatt v Stickney 1971.
Community Mental Health Act of 1963
Provided federal funding for community MH centers. Passed as part of JFK’s New Frontier, and furthered deinstitutionalization.
Lanterman-Petris-Short Act
Passed in CA in 1969. Endorsed voluntary tx and repealed indefinite commitment, while including procedural protection in the case of involuntary interventions. Set a tone of reform across the US.
Parjam v JR
USSC 1979
Held that constitutional minimum for civil commitment of MINORS is less than the full judicial review given adults. Parents’ rights to investigate illness in a child and seek tx outweigh child’s liberty interests. A NEUTRAL FACT FINDER is required to offset any parental decision risk for error.
Used Mathews v Eldridge analysis.
Matter of Josiah Oakes
1845 Massachusetts case that introduced concept of DANGER TO SELF OR OTHERS
