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Extended civil commitment for dangerous psychiatric patients

L E Weinberger1, S Sreenivasan, E Markowitz

  • 1Department of Psychiatry and the Behavioral Sciences, University of Southern California, Los Angeles 90086-0125, USA.

The Journal of the American Academy of Psychiatry and the Law
|April 29, 1998
PubMed
Summary

Mental health clinicians face liability for patient actions. In Los Angeles, most petitions for extended civil commitment of psychiatric patients were rejected, especially when based solely on verbal threats.

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Area of Science:

  • Psychiatry
  • Law
  • Mental Health Policy

Background:

  • Clinicians face increasing civil liability for psychiatric patients' dangerous actions.
  • Negligent release of involuntarily committed patients is a significant legal concern.
  • Extended involuntary commitment is a legal provision for dangerous mentally ill patients.

Purpose of the Study:

  • To examine the outcomes of extended civil commitment petitions in Los Angeles County.
  • To understand the criteria used by legal professionals when evaluating these petitions.
  • To identify discrepancies between clinical assessments and legal rejections.

Main Methods:

  • Analysis of extended civil commitment petitions filed in Los Angeles County.
  • Review of rejection patterns by deputy district attorneys.

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  • Comparison of legal standards with clinical reporting of patient dangerousness.

    • Main Results:

    • The vast majority of extended civil commitment petitions were rejected.
    • Petitions relying solely on verbal threats of harm were frequently rejected by deputy district attorneys.
    • A notable difference exists in the legal sensitization to verbal threats between clinicians and attorneys.

    Conclusions:

    • Clinicians' understanding of legal liability regarding patient threats may not align with prosecutorial practices.
    • The rejection of petitions based on verbal threats can create confusion and potential liability for mental health professionals.
    • Further clarification is needed on the application of dangerousness criteria in extended civil commitment proceedings.