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Related Experiment Videos

A commitment law for patients, doctors, and lawyers.

L H Roth

    The American Journal of Psychiatry
    |September 1, 1979
    PubMed
    Summary

    This study proposes a model commitment law for mental health patients, balancing patient, doctor, and lawyer perspectives. It advocates for involuntary treatment only in cases of incompetency or emergency, with distinct procedures based on state power.

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    Area of Science:

    • Medical Law
    • Bioethics
    • Mental Health Policy

    Background:

    • Conflicting viewpoints exist among patients, medical professionals, and legal experts regarding involuntary mental health treatment.
    • Current legal frameworks may not adequately balance patient autonomy with the need for intervention.

    Purpose of the Study:

    • To propose a model commitment law that reconciles differing perspectives on involuntary mental health treatment.
    • To establish safeguards within a legal framework that affirms paternalism while protecting patient rights.

    Main Methods:

    • Analysis of existing legal precedents and ethical considerations in mental health commitment.
    • Development of a proposed legal model incorporating patient rights, medical necessity, and legal procedural differences.

    Main Results:

    • The proposed model law affirms paternalism but includes specific safeguards for patients.
    • It argues against involuntary treatment for competent mental health patients outside of emergencies.
    • The model suggests distinct procedural approaches based on whether commitment falls under the state's parens patriae or police power.

    Conclusions:

    • A balanced legal approach is necessary for involuntary mental health treatment.
    • Patient competency and emergency status are critical factors in determining the need for involuntary treatment.
    • Legal procedures for commitment should be tailored to the specific legal basis (parens patriae vs. police power).
    Keywords:
    Mental Health Therapies

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