NY: should psych. patient have been retained?: court outlines rules for 'retaining' psych, pts.
COURT'S OPINION: The Supreme Court of New York granted the petition for a two-year retention order. There were several reasons for the court to conclude that Doe remained immediately dangerous to himself and others. He continued to receive violent auditory command hallucinations. He failed to acknowledge his past history of pedophilia. Yet later in his testimony he admitted that history. He clearly lacked insight regarding his condition The court ordered that prior to any future discharge the hospital had a duty to engage in the treatment of Doe's pedophilia and to provide a pre-discharge diagnosis based on that treatment opining that Doe's pedophilia was sufficiently remedied so that he would not pose a risk to himself or others. The court concluded that since no exact standard or mechanism existed in New York for the taking of judicial notice in a case such as this, it would accept and apply The American Law Institute's Code of Evidence (Code). The court was satisfied that the Code set up adequate safeguards to ensure that the patient would not be released unless it could be proved that he no longer posed a threat of harm either to himself or to others. Editor's Note: Often, well-meaning psychiatrists and psychologists, intent upon proving that a course of treatment has been successful, facilitate the release of psychiatric patients before they should be released. Many times with catastrophic results! In re Application for Commitment by Mohawk Valley Psychiatric Center, 2005 WL2358325--NY
Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, Who's Who in America and Who's Who in the World.
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|Title Annotation:||Hospital Law Decisions of Note|
|Author:||Tammelleo, A. David|
|Publication:||Hospital Law's Regan Report|
|Date:||Sep 1, 2005|
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