refusing care forced treatment and the rights of the mentally ill

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Refusing Care

Author : Elyn R. Saks
ISBN : 0226733998
Genre : Psychology
File Size : 88. 56 MB
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It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, our treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, and at other times discharge mentally ill patients who do want treatment without providing adequate resources for their care in the community. Focusing on overinterventionist approaches, Refusing Care explores when, if ever, the mentally ill should be treated against their will. Basing her analysis on case and empirical studies, Elyn R. Saks explores dilemmas raised by forced treatment in three contexts—civil commitment (forced hospitalization for noncriminals), medication, and seclusion and restraints. Saks argues that the best way to solve each of these dilemmas is, paradoxically, to be both more protective of individual autonomy and more paternalistic than current law calls for. For instance, while Saks advocates relaxing the standards for first commitment after a psychotic episode, she also would prohibit extreme mechanical restraints (such as tying someone spread-eagled to a bed). Finally, because of the often extreme prejudice against the mentally ill in American society, Saks proposes standards that, as much as possible, should apply equally to non-mentally ill and mentally ill people alike. Mental health professionals, lawyers, disability rights activists, and anyone who wants to learn more about the way the mentally ill are treated—and ought to be treated—in the United States should read Refusing Care.

A New Era For Mental Health Law And Policy

Author : Piers Gooding
ISBN : 9781108509459
Genre : Political Science
File Size : 61. 33 MB
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The Convention on the Rights of Persons with Disabilities (CRPD) has generated new ideas and standards in healthcare and disability law and policy. In the mental health context, the CRPD directs governments to ensure people with mental impairments are treated equally before the law, including ensuring people have access to the resources necessary to enjoy their rights. But what this means in practice remains unclear. In addition, current domestic laws that authorise involuntary psychiatric interventions stand at cross-purposes with the CRPD, which requires respect for the 'will, preference and rights' of persons with disabilities 'on an equal basis with others'. This book explores the implications of the CRPD for law, policy and practice that responds to the complex issues raised by mental health impairment and disability. It argues that the support framework of the CRPD holds potential to address persistent shortcomings in mental health law and policy.

Routledge Handbook Of Disability Law And Human Rights

Author : Peter Blanck
ISBN : 9781317043683
Genre : Law
File Size : 23. 66 MB
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This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.

The Right To Refuse Mental Health Treatment

Author : Bruce J. Winick
ISBN : 1557983690
Genre : Medical
File Size : 80. 47 MB
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"The Right to Refuse Mental Health Treatment" is the most comprehensive analysis in print of the legal issues raised by involuntary treatment. Under our legal system, the state has the right to impose mental health treatment on certain people--treatment that includes everything from psychotropic medication to shock therapy to psychosurgery. This book provides a systematic analysis of the mental health treatment techniques and the constitutional issues implicated by involuntary treatment.

Committed

Author : Dinah Miller
ISBN : 9781421420783
Genre : Health & Fitness
File Size : 88. 11 MB
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"Every mass shooting in America raises the question of whether there would be fewer such shootings if people who have mental illness were locked away. Of course, some perpetrators were already being treated when they acted, and some never gave any sign that they might be dangerous before they acted. Nevertheless, the question of involuntary commitment comes up over and over again when a mass shooting occurs. In Committed, psychiatrists Dinah Miller and Anne Hanson offer a comprehensive account of the controversy surrounding involuntary psychiatric care in the United States. Through interviews and cases they explore the clinicians, consumers, advocates, institutions, and laws involved. They talk with people who have been involuntarily committed--both those who have been helped by this treatment and those who have been traumatized by it--and with doctors who believe that more people with mental illness should be treated, even against their will. They talk with families, policemen, ED staff, judges, someone from the Church of Scientology, representatives from NAMI and APA, and medical administrators of inpatient facilities. They explore practices such as seclusion and restraint, involuntary medications, and involuntary electroconvulsive therapy--all within the context of civil rights. Miller and Hanson explain why some people push for increased involuntary treatment while others view psychiatrists as money-hungry power mongers and their medications as the cause, not the cure, of symptoms. The authors take a middle view, advocating for the limited and judicious use of involuntary and humane psychiatric care as a last resort when someone poses a danger to themselves or others"--

Risk Management In Social Work

Author : Frederic G. Reamer
ISBN : 9780231538435
Genre : Social Science
File Size : 75. 77 MB
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Risk Management In Health Care Institutions A Strategic Approach

Author : Florence Kavaler
ISBN : 0763723142
Genre : Health & Fitness
File Size : 23. 89 MB
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Risk management for health care institutions involves the protection of the assets of the organizations, agencies, and individual providers from liability. A strategic approach can result in significant cost savings. Risk Management in Health Care Institutions: A Strategic Approach offers governing boards, chief executive officers, administrators, and health profession students the opportunity to organize and devise a successful risk management program. Experts in risk management have contributed comprehensive, up-to-date syntheses of relevant topics to assist with practical risk management strategies.

Who Resource Book On Mental Health Human Rights And Legislation

Author : Melvyn Freeman
ISBN : 924156282X
Genre : Law
File Size : 77. 24 MB
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This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.

Theaters Of Madness

Author : Benjamin Reiss
ISBN : 9780226709659
Genre : Psychology
File Size : 78. 67 MB
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In the mid-1800s, a utopian movement to rehabilitate the insane resulted in a wave of publicly funded asylums—many of which became unexpected centers of cultural activity. Housed in magnificent structures with lush grounds, patients participated in theatrical programs, debating societies, literary journals, schools, and religious services. Theaters of Madness explores both the culture these rich offerings fomented and the asylum’s place in the fabric of nineteenth-century life, reanimating a time when the treatment of the insane was a central topic in debates over democracy, freedom, and modernity. Benjamin Reiss explores the creative lives of patients and the cultural demands of their doctors. Their frequently clashing views turned practically all of American culture—from blackface minstrel shows to the works of William Shakespeare—into a battlefield in the war on insanity. Reiss also shows how asylums touched the lives and shaped the writing of key figures, such as Emerson and Poe, who viewed the system alternately as the fulfillment of a democratic ideal and as a kind of medical enslavement. Without neglecting this troubling contradiction, Theaters of Madness prompts us to reflect on what our society can learn from a generation that urgently and creatively tried to solve the problem of mental illness.

Mad In America

Author : Robert Whitaker
ISBN : 9780786723799
Genre : Psychology
File Size : 24. 21 MB
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Schizophrenics in the United States currently fare worse than patients in the world's poorest countries. In Mad in America, medical journalist Robert Whitaker argues that modern treatments for the severely mentally ill are just old medicine in new bottles, and that we as a society are deeply deluded about their efficacy. The widespread use of lobotomies in the 1920s and 1930s gave way in the 1950s to electroshock and a wave of new drugs. In what is perhaps Whitaker's most damning revelation, Mad in America examines how drug companies in the 1980s and 1990s skewed their studies to prove that new antipsychotic drugs were more effective than the old, while keeping patients in the dark about dangerous side effects. A haunting, deeply compassionate book—now revised with a new introduction—Mad in America raises important questions about our obligations to the mad, the meaning of “insanity,” and what we value most about the human mind.

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