|
|
|
James B. (Jim) Gottstein
Law Project for Psychiatric Rights |
|
jim@psychrights.org |
|
http://PsychRights.Org/ |
|
|
|
|
|
Education |
|
Large Amount of Info on Website:
http://psychrights.org |
|
Recruit Pro Bono Attorneys |
|
Will Provide Technical Assistance |
|
Some $ for costs available |
|
Covered by E&O Insurance |
|
|
|
|
|
No Proven Efficacy |
|
Outcomes have worsened since their introduction |
|
Living in an Industrial Country Best Predictor
of not Recovering from Schizophrenia
-- World Health Organization |
|
Exacerbate Psychiatric Problems |
|
Addictive – Cause Permanent Brain Changes |
|
Extremely Harmful |
|
Shorten Lives |
|
Can be Fatal |
|
|
|
|
|
|
|
Myth: Once a Schizophrenic always a
schizophrenic. |
|
Reality:
Half to two thirds of patients, including very chronic cases can
recover. |
|
Myth: Patients must be on Medication all their
lives. |
|
Reality:
A small percentage at most may need medication indefinitely. |
|
Empirical Correction of Seven Myths About
Schizophrenia with Implications for Treatment. |
|
|
|
|
|
“Traditionally, lawyers assigned to represent
state hospital patients have failed miserably in their mission” |
|
Houston Law Review January, 1991 Health Law
Issue COMPETENCY, DEINSTITUTIONALIZATION, AND HOMELESSNESS: A STORY OF
MARGINALIZATION |
|
Michael L. Perlin |
|
|
|
|
|
|
Civil Commitment |
|
Kids |
|
Parents |
|
In Prison |
|
Competence to Stand Trial |
|
Outpatient Commitment |
|
Others |
|
|
|
|
|
Forced Drugging Petition Along with Commitment |
|
Assembly Line Forced Drugging Decisions |
|
10 to 15 minutes per |
|
Decline Medicationè Deemed Incompetent è Court
Order |
|
Myers Case – Best Interests |
|
No Expert on Patient’s side |
|
No Legitimate Science on State’s |
|
|
|
|
|
|
State Laws may define Federal Rights (Mills v.
Rogers) |
|
Incompetent to Decline (Refuse) |
|
“Professional Judgment” (Youngberg v.
Romeo/Rennie v. Klein) |
|
“Best Interests” |
|
Where Junk Science Comes In |
|
“Substituted Judgment” |
|
“Least Restrictive Alternative” |
|
But see Sell |
|
|
|
|
|
Courts accept . . . testimonial dishonesty, . .
. specifically where witnesses, especially expert witnesses, show a
"high propensity to purposely distort their testimony in order to
achieve desired ends." . . . |
|
|
|
Experts frequently . . . and openly subvert
statutory and case law criteria that impose rigorous behavioral standards
as predicates for commitment . . . |
|
|
|
This combination . . . helps define a
system in which (1) dishonest testimony is often regularly (and
unthinkingly) accepted; (2) statutory and case law standards are frequently
subverted; and (3) insurmountable barriers are raised to insure that the
allegedly "therapeutically correct" social end is met . .
.. In short, the mental disability law system often deprives
individuals of liberty disingenuously and upon bases that have no
relationship to case law or to statutes. |
|
|
|
The ADA and Persons with Mental
Disabilities: Can Sanist Attitudes Be Undone? by Michael L. Perlin, Journal
of Law and Health, 1993/1994, 8 JLHEALTH 15, 33-34. |
|
|
|
|
|
The ultimate in powerlessness |
|
Virtually none of the drugs approved for kids |
|
No One Knows Implications of Polypharmacy |
|
Damaging Developing Brains |
|
Parents Not Told the Truth About Drugs |
|
Disability Law Center Currently Investigating
Drugging Practices at North Star. |
|
|
|
|
|
Kids Taken Away: |
|
If Don’t
Take The Drugs |
|
If Do
Take The Drugs |
|
|
|
|
|
|
|
|
Washington v. Harper, 494 U.S. 201, 110 S.Ct.
1028 (1990): Allows Administrative Proceeding but Right to: |
|
An unbiased, independent decision maker. |
|
Notice. |
|
Be present at an adversary hearing. |
|
Present and cross-examine witnesses. |
|
Must Be Medically Appropriate (except Emergency) |
|
Bavilla v. State of Alaska |
|
Got Department Dead to Rights Violating Harper |
|
Dismissed on Sovereign Immunity Grounds |
|
Admissions waiting for new case (Bavilla
declined to pursue appeal or new case) |
|
|
|
|
|
|
|
|
Sell v. U.S., 539 U.S. 166, 123 S.Ct. 2174
(2003) |
|
Court Must Decide: |
|
“Important governmental interests at stake.” |
|
“Involuntary medication will significantly
further those concomitant state interests.” |
|
“Involuntary medication is necessary to further
those interests. The court must find that any alternative, less
intrusive treatments are unlikely to achieve substantially the same
results.” |
|
“Administration of the drugs is medically
appropriate, i.e., in the patient's best medical interest in light of his
medical condition. The specific kinds of drugs at issue may matter
here as elsewhere. Different kinds of antipsychotic drugs may produce
different side effects and enjoy different levels of success.” |
|
|
|
|
|
|
|
Legal Outpatient Commitment Not Used Much Here
(as far as know) |
|
Non legal coercion pervasive |
|
Housing |
|
SSDI |
|
Medicaid |
|
APA |
|
Other Services |
|
Etc. |
|
|
|
|
|
|
Psych Rights Will: |
|
Provide E&O Insurance |
|
Pick Cases |
|
Provide Great Deal of Technical Assistance |
|
Memos, Pleadings, Studies, Strategy, Etc. |
|
Some Funding |
|
Depositions (unheard of) |
|
Expert Witness Fees |
|
Help With or Even Take the Appeals |
|
|
|
|
Send Money |
|
Tax Deductible |
|
|
|
|
Mad in America by Robert Whitaker |
|
Toxic Psychiatry by Peter Breggin |
|
The Hidden Prejudice by Michael Perlin |
|
Schizophrenia: A Scientific Delusion? by Mary
Boyle |
|
Escape From Psychiatry by Clover |
|
How to Become a Schizophrenic by John Modrow |
|
Notes