Legal journals / law
reviews
Am J Law Med
1987 13 (1): 7-52
Clayton EEW
From
Sympathetic article, criticizing slowness of courts and legislatures to recognize
Right to refuse psychotropic drugs, while honoring rights of patients to refuse
ECT and psychosurgery
Concludes
that
adequate protection, leaving issue in hands of state courts
Am J Law Med
1992 18 (4): 441-2
no authors
Patients’ rights: refusal of medication – in re: Jeffers
Behav Science Law
1999 17 (5): 555-88
Kress K
Therapeutic jurisprudence and the resolution of value conflicts: what we can realistically expect, in practice, in theory
Bull Am Acad Psychiatry Law
1984 12 (1): 65-74
Hassenfeld IN, Grumet B
Study of the right to refuse treatment
1987 15 (1): 57-68
Swartz MS
What constitutes a psychiatric emergency: clinical and legal dimensions
As informed consent is presumed / implied in medical emergencies, but limited
Right for involuntarily committed patients to refuse treatment has been upheld,
Absent finding of psychiatric emergency – it becomes essential to understand
The issues involved in “defining / invoking” a psychiatric emergency.
Article focuses on procedural and substantive issues in use of emergency exception
In treatment refusal
1987 15 (2): 163-9
Hoge SK, Gutheil TG, Kaplan E
Right to refuse treatment under
Bull Am Acad Psychiatry Law
1990 18 (2): 189-202
Beahrs JO
Legal duties of psychiatric patients
1991 19 (3): 271-5
Bursztajn H, chanowitz B, Kaplan E, et al
Medical and judicial perceptions of the risks associated with use of antipsychotic
Medications
Points out that in analysis of hypothetical case (risk of tardive as side effect),
Judges and psychiatrists agreed upon theoretical acceptable risk; but differed
Significantly in estimates of ACTUAL risk involved , and hence,
Differed significantly in terms of decisions concerning treatment
1993 21 (4): 529-45 review
Ladds B, Convit A, Zito J, Vitrai J
Involuntary medication of pts who are incompetent to stand trial: a descriptive study of the NY experience with judicial review
1995 23 (3): 343-52
Hoge SK, Feucht-Haviar TC
Long-term assenting psychiatric patients: decisional capacity and quality of care
Ponts out that patients with more serious impairments of decisional capacity were more
Likely to receive INAPPROPRIATE treatment with antipsychotic medication;
Capable patient involvement in decision making is important in checking judgment of
Physicians (concludes: remedial measures are NEEDED to protect long-term psych inpatients
From receiving inappropriate treatment
Creighton Law Rev
1980 Spring 13 (3): 795-841
Clarke AM
Choice to refuse or withhold medical treatment: the emerging technology and medical-ethical consensus
1981 58 (3): 567-608
Shavill NL
Patients’ rights vs. patients’
needs: right of the mentally ill to refuse treatment in
1976 1976 (1): 53-81
Wade MD
Right to refuse treatment: mental patients and the law
DICP
1991 Jul-Aug 25 (7-8): 849-52
Williams KG
Univ of KY
Update on the right to refuse antipsychotic medication
Protected under due process clause of 14th amendment
Harv Civ rights – Civil Lib Law Rev
1984 Winter 19 (1): 21-60
Furrow BR
Public psychiatry and the right to refuse treatment: toward an effective damage remedy
Harv Law Rev
2001 Dec 115 (2): 737-43
No authors listed
Criminal procedure: substantive due process – DC Circuit holds that government may forcibly
Treat incompetent criminals with antipsychotic medication in order to render them competent to
stand trial. US V. Weston 255 F. 3d 873 (DC Circ 2001),
petition for cert. Filed (US
[ My question: does this negate right of drug-induced competent prisoners to refuse drugs that
render them competent ? ]
2001 76 (4): 983-1000
Goff ML
Protecting our mentally ill: a
critique of he role of
Involuntarily committed mental patients’ right to refuse medication
Int J Law Psychiatry
1986 8 (1): 83-94
Brown P
Psychiatric treatment refusal, patient competence, informed consent
1990 13 (4): 361-85
Hermann DH
Autonomy, self-determination, the right of involuntarily committed persons to refuse treatment, and the use of substituted judgment in medication decisions involving competent persons
1993 Winter Spring 16 (1-2): 151-77
Perlin ML
Decoding right to refuse treatment law
1994 Winter 17 (1): 99-117 review
Winick BJ
Right to refuse mental health treatment: therapeutic jurisprudence analysis
J Am Acad Psychiatry Law
1997 25 (2): 191-6
Billick SB, Della Bella P, Burgert W 3rd
Competency to consent to hospitalization in the medical patient
J Contemp Health Law Policy
1990 Spring 7: 9-16
Wachtler S
Patient’s right to decline medical
treatment:
1994 Spring 10: 541-62
Schmidtlein EA
Riggins
vs.
J Health Polit Policy Law
1984 Summer 9 (2): 291-313
Brown P
right to refuse treatment and the movement for mental health reform
J Law Med Ethics
1993 Fall Winter 21(3-4): 400-1
Drescher GP
Prisoner’s right to refuse treatment outweighs physician’s duty to treat
J Leg Med
1985 Mar 6 (1): 107-38
Kemna DJ
Current status of institutionalized mental health patients’ right to refuse psychotropic drugs
J Psychiatry Law
1984 Summer 12 (2): 231-55
Sidley NT
Right of involuntary patients in mental institutions to refuse drug treatment
Law Med Health Care
1981 Sep 9 (4): 19-22, 38
Cole R
Patients’ right to refuse antipsychotic drugs
1985 Apr 13 (2): 61-4
Gutheil TG, Appelbaum PS
Substituted judgment approach: difficulties, paradoxes in mental health settings
Law Soc Rev
1987 21 (3): 447-85
Milner N
Right to refuse treatment: four case studies of legal mobilization
Leg Med
1985 117-79
Wettstein RM
Legal aspects of neuroleptic induced movement disorders
Loyola Los Angel Law Rev
1987 Jun 20 (4): 1329-429
Schwartz SJ, Costanzo CE
Compelling treatment in the community: distorted doctrines and violated values
Med Law
1984 3 (1): 49-54
Almeleh LB, Lurie A
The right of psychiatric patients to refuse treatment. Analysis of professional responsibility and informed consent
1987 6 (1): 45-68 review
Zajc M
Right to refuse antipsychotic medication: who decides ?
1989 7 (5): 433-8
Deutsch E
The right not to be treated or to refuse treatment
Corollary to right to refuse treatment is requirement for informed consent,
Including duty of doctor to inform patient about possible consequences of
Refusing treatment
Article discusses several topics: Declaration of Lisbon re: patient right to
Accept or refuse treatment after receiving adequate information;
Also discusses refusal in part, living will, refusal by parent / guardian, etc
Med Law
1990 9 (5): 1122-30
Hoffman BF
Assessing the competence of people to consent to medical treatment: a balance between law and medicine
1992 11 (3-4): 249-67 Review
Tavolaro KB
Preventive outpatient civil commitment and right to refuse treatment: can
Pragmatic realities and constitutional requirements be reconciled ?
Medicoleg News
1980 Apr 8 (2): 4-6, 16
Matthews DB
The right to refuse psychiatric medication
1981 Feb 9 (1): 10-3
Cole R
Patient’s
right to refuse antipsychotic drugs: the Court of Appeals decisoin
in
NC Med J
1983 Mar 44 (3): 108, 113
Carter JH
Some empirical findings on the right to refuse treatment
ND Law Rev
1979 55(4): 563-72
Goodman R
Mental health – restraint or treatment in institutions – right to refuse treatment based on right of privacy
New Engl Law Rev
1976 Spring 11 (2): 509-40
McGovern JJ
Mental health – right to refuse drug therapy under “emergency restraint statutes”
Rev Fed Am Health Syst
1988 May Jun 21 (3): 44, 46
Root GL, Jr, Scarano RM Jr
The involuntarily confined mentally ill: can they refuse antipsychotic medication ?
1987 Winter Spring 39 (2-3): 339-76
Brooks AD
Right to refuse antipsychotic medications: law and policy
Seton Hall Law Rev
1981 11 (4):796-808
Housner AW
Constitutional law – mental health – state mental health patients’ right to refuse forcible administration of medication narrowly construed
Spec Law Dig Health Care Law
1992 Oct (164): 9-30
Gasner MR
Financial penalties for failing to honor patient wishes to refuse treatment
1975 Winter 48 (2): 354-83
Levick M, Wapner A
Advances in mental health: a case for the right to refuse treatment
Univ Miami Law Rev
1989 Sep 44 (1): 1-103
Winick BJ
Right to refuse mental treatment: a First Amendment perspective
Villanova law Rev
1982 Nov 28 (1): 101-48
Rie MA
Scope of involuntarily
committed mental patient’s right to refuse treatment with psychotropic d rugs; analysis of least restrictive
alternative doctrine
William Mary Bill Rights J
1993 Winter 2 (2):205-38
Winick BJ
New
directions in the right to refuse mental health treatment: the implications of
Riggins v
Medical / Psychiatric
Journals
Am Enterp
1990 Sep Oct 1 (5): 34-42
Isaac RJ, Armat VC
The right to be crazy
Am J Hosp Pharm
1985 Dec 42 (12): 2709-14
Brushwood DB, Fink JL 3rd
Right to refuse treatment with psychotropic medication
Am J Orthopsychiatry
1994 Apr 64 (2): 223-34 review
Treatment and refusal rights in mental health: therapeutic justice and clinical accommodation
Am J Psychiatry
1977 Dec 134 (12): 1356-60
Social discrediting of psychiatry: protasis of legal disenfranchisement
1980 Mar 137 (3): 332-9
Ford MG
The psychiatrist’s double bind: right to refuse medication
Presents issues involved –
Patient’s right to autonomy, constitutional rights,
Even if that causes discomfort for patient and others……….
Author believes that medications relieve mental disturbance,
And that delaying medication (until adjudication of incompetence)
Causes discomfort for everyone
Same issue - 1980 Mar 137 (3): 329-31
Reiser SJ
Refusing treatment for mental illness: historicl and ethical dimensions
1980 Jun 137(6): 720-3
Appelbaum PS, Gutheil TG
Authors contend that basic “misconceptions of psychopharmacology” led to questionable analysis of the constitutional issues at stake
Believe
that decision (
Am J Psychiatry
continued
1981 Aug 138 (8): 1075-7
Lebegue B, Clark LD
Incompetence to refuse treatment: a necessary condition for civil commitment
Discusses US District Court case reviewing AE and RR v. Mitchell --
Treatment for the illness (condition) that led to the commitment.
Outlines Ct of Appeals for First Circuit which upheld state’s use of parens patriae
To force neuroleptics on committed patients
1982 Feb 139 (2): 183-8
Schultz S
1983 Jun 140 (6): 715-9
Mills MJ, Yesavage JA, Gutheil TG
Continuing case law development in the right to refuse treatment
1985 Jan 142(1): 58-62
Brody EB
Patients’ rights: a cultural challenge to Western psychiatry
1985 Feb 142 (2): 213-6
Gutheil TG
Note: Gutheil is pro-forced medication, and presents arguments
why
“impedes good clinical care”
1987 Aug 144(8): 1107-8
Duty to protect
1988 Apr 145 (4): 413-9
Appelbaum PS
The right to refuse treatment with antipsychotic medications
Retrospect and prospect
Argues that “right to refuse medication” is illogical, because it permits
Patients to refuse treatment which would permit their “freedom to be restored”
( ??? ), and that “refusing patients almost always receive treatment in the end.”
[ no pun intended]
Appelbaum argues that “power to commit” should carry with it an equivalent
“power to treat”
1991 Nov 148 (11): 1621-3
no authors listed
effects of involuntary medication
Am J Psychiatry
1997 Sep 154 (9): 1302-4
Assertive community treatment and medication compliance in the homeless mentally ill
Discussed high percentage of homeless (discharged) who go OFF their medications.
Authors of article seek to emphasize that aggressive community treatment programs are successful
In promoting “compliance” with medications
Arch Gen Psychiatry
1979 Mar 36 (3): 351-4
Malmquist CP
Can the committed patient refuse chemotherapy ?
1984 Aug 41 (8): 811-5
Schwartz HI, Appelbuam PS, Kaplan RD
Clinical judgments in the decision to commit. Psychiatric discretion and the law
[ probably unfavorable article in re: right to refuse, given authorship ]
Aust NZ J psychiatry
1984 Jun 18 (2): 146-55
Mitchell R
Squibb academic addres. Human rights: the case for the mentally ill
Br J Hosp Med
1995
Opler LA, Klahr DM, Ramirez PM
Insight and adherence to treatment in psychotic disorders
Bull Med Ethics
2001 Feb (165): 13-6
Csapody T
The right to refuse treatment and blood transfusion
Clin Perinatol
1996 Sep 23 (3): 563-71
Physicians’ refusal to provide life-prolonging medical interventions
How is physician to respond to requests for treatments believed by the
Physician to be futile, ineffective, or inappropriate
CMAJ
1994 Apr 15; 150 (8): 1323-6
Nathanson JA
When does a patient have a right to refuse lifesaving medical treatment ?
1980 Feb 10 (1): 21-2
Annas GJ
Refusing medication in mental hospitals
1990 May Jun 20 (3): 28-30
Annas GJ
At law. One flew over the Supreme Court
Health Matrix
1986 Spring 4 (1): 3-18
Buchwald W, Lazorishak K
The right of patients in mental hospitals to refuse drug treatment
Analysis of rights of pts to refuse, vs. state’s interest in compelling treatment.
Provides model bill to establish procedural system to address issues
Re: informed consent, comptency, emergencies, etc.
Hosp Community Psychiatry
1979 May 30 (5): 321-7
Stone AA
Informed consent: special problems for psychiatry
Discusses complexities of informed consent in psychiatry, due to
Questions of patient capacity to GIVE informed consent, as result
Of their illness
Same issue: pp 348-51
Armstrong B
Question of abuse: where staff and patient rights collide
1980 Jun 31 (6): 385-96
Roth LG
Mental health commitment: state of the debate, 1980
1981 Apr 32 (4): 233
Roth LH
Right to refuse treatment
Same issue: pp 251-5
Michels R
Right to refuse treatment: ethical issues
Same issue: pp 255-8
No authors listed
Refusing treatment in mental health institutions: values in conflict
1987 Apr 38 (4): 350-2
Pavlo AM, Bursztajn H, Gutheil TG, Levi LM
Weighing religious beliefs in determining competence
Hosp community Psychiatry
1990 Jul 41 (7): 749-55
Geller JL
Clinical guidelines for use of involuntary outpatient treatment
Same issue: 1990 41 (7): 731-2
Appelbuam PS
1992 Jul 43 (7): 752-3
No authors listed
Supreme Court rulings in two cases broaden legal protections for mentally ill criminal defendants
1993 Jan 44 (1): 71-3
Macpherson R, Double DB, Rowlands RP, Harrison DM
Long term psychiatric patients’ understanding of neuroleptic medication
1994 Apr 45(4): 355-8
Implications of Patient Self-Determination Act for psychiatric practice
Implications of Nancy Cruzan 1990 Supreme Court decision re: advanced
Directives, planning ahead in case of decisional incapacity.
Implications for psychiatric practice in US
Hosp Health Serv Admin
1991 Spring 36 (1): 147-53
Moody C
Right to refuse medical treatment
Hosp Med Staff
1982 May 11 (5): 16-21
Antipsychotic drugs and involuntarily committed patients
Int J Health Serv
1981 11 (4): 523-40
Brown P
Mental patients’ rights movement and mental health institutional change
J Clin Psychiatry
1987 Sep 48 Suppl: 28-33
Mills MJ, Eth S
Legal liability with psychotropic drug use: extrapyramidal syndromes and TD
1999 60 Suppl 19: 59-65
Fitzgerald WL Jr
Legal and ethical considerations in the treatment of psychosis
Professional ethics in decision making: principles model in mental
Illness – beneficence, nonmaleficence, autonomy, utility, justice
1999 60 Suppl 19: 3-4
Lehman AF
Introduction : antipsychotic agents – clinical, economic, legal considerations in treatment
of psychosis
2000 61 Suppl
Slovenko R
Update on legal issues associated with tardive dyskinesia
J Ky Med Assoc
1999 Sep 97 (9): 423-8
Harris MR
Right to refuse psychiatric treatment in KY
J Med Phil
1992 Dec 17 (6): 647-64
Practicing medicine, fiduciary trust privacy, public moral interloping after Cruzan
J Nerv Ment Dis
1995 Apr 183 (4): 193-4
Brody EB
The humanity of psychotic persons and their rights
Perpsect Psychiatr Care
1982 Spring 25 (3): 382-403
Lasagna L
Boston State Hospital case (Rogers v Okin): legal, ethical, and medical morass
1985 23 (2): 45-68 review
Feather RB
The institutionalized mental health patient’s right to refuse psychotropic medication
Pract Midwife
1998 Jun 1 (6): 7
No authors listed
High Court endorses women’s right to refuse treatment
Psychiatr Ann
1977 May 7 (5): 50-51+
Roth LH
Involuntary civil commitment: right to treatment and right to refuse treatment
Psychiatr Clin North Am
1983 Dec 6 (4): 539-49
Perlin ML
Recent developments in mental health law
Psychiatr Serv
1998 Sep 49 (9): 1193-6
Appelbaum BC, Appelbaum PS, Grisso T
Competence to consent to voluntary psych hospitalization
Test of standard proposed by APA
2000 Dec 51 (12): 1528-35
Mossman D, Lehrer DS
Conventional and atypical antipsychotics and the evolving standard of care.
Article makes the point that practitioners who continue to use “older” neuroleptics cannot be considered guilty of malpractice -- would be interesting to fully investigate reasoning applied,
In order to see if one could use the authors’ rationale to defend attaching a priority to non-pharmacological approaches to care
Psychol Rep
1997 Jun 80 93 Pt 1): 809-10
Todman M Jr, gordon-Leeds D, Taylor S
Attitude toward medication and perceived competence among chronically psychotic patients
Soc Sci Med
1985 20 (6): 645-8
Perry C
A problem with refusing certain forms of psychiatric treatment
Does drug-induced competent patient have the right to refuse
The medical treatment which is necessary for continued competency ?
Soc Work
1994 Mar 39 (2): 167-75
Wilk RJ
Are the rights of people with mental illness still important ?