Psychiatric surgery: The legal landscape

More than most or even any other medical intervention, surgery for the relief of severe psychiatric illness is tied up in complex ethical issues and, inevitably, legal considerations. The latter may vary considerably from one jurisdiction to the next, and even within countries. Even though political considerations may play a role in regulating psychiatric surgery, and enacted policies may not necessarily be based on the best available evidence, neurosurgeons and psychiatrists must be aware of the restrictions that may be placed on the type of procedures they can perform. Nonetheless, despite the seemingly arbitrary differences in policy that exist around the world, governmental agencies take their responsibilities for protecting the public as a serious matter. Practitioners can influence public decision-making by adhering to the legal and ethical requirements of their region, and by amassing evidence that can help to inform well-meaning government officials as to the best practices of psychiatric surgery. This chapter will describe the medicolegal environment affecting the practice of psychiatric surgery in the United States, Canada, and Brazil.