DETENTION RIGHTS Where do we stand?
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Transcript DETENTION RIGHTS Where do we stand?
DETENTION RIGHTS
Where do we stand?
Dr. Tristan McGEORGE
Dr. Andy McCLELLAND
Registrar
Specialist
Department of Emergency Medicine
Peter Le CREN A+ Legal Advisor
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DETENTION RIGHTS
Where do we stand?
INTRODUCTION
CASES x 2
MEDICO-LEGAL FRAMEWORK
THE ROLE OF THE LEGAL ADVISOR
THE ROLE OF LIAISON PSYCHIATRY
DISCUSSION
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What is important?
Patient
competence
Decision-making capacity
Right
to refuse medical
treatment
Detention
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Case 1. Mr. CD
45 year old male arrived by ambulance
HISTORY:
‘Assault, thrown through plate glass
window’
‘~2000 ml blood loss’
Patient aggressive attitude, would not
answer questions
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Case 1. Mr. CD
ASSESSMENT:
GCS = 15
A B C = normal
Lacerations anterior NECK x 2
Mental state
‘Appropriate speech’ ‘orientated’
religiose ideation
Refuses surgical treatment
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Case 1. Mr. CD
PAST HISTORY:
Paranoid schizophrenia
Itinerant
Medication
Respiridone - noncompliant
‘Hepatitis C positive’
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Case 1. Mr. CD
A+ legal advisor consulted
Assessed by psychiatric liaison nurse
Collateral history of recent deterioration
in mental state:
Hallucinations, verbal direction from
God, inappropriate behaviour
Section 8 mental health act initiated by
the Homeless Outreach Treatment Team
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Case 1. Mr. CD
After discussion with patient
Agreed to limited intervention
Collapsed in ED shower / further
blood loss - ‘seizure’, rx iv fluids
Transfer to O.T.
Seizure in preop. room; Hb = 53
RBC transfusion total 8 units
Operation: lacerations repaired
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Case 1. Mr. CD
PROGRESS:
Admitted post-op to surgical ward
Psychiatry consult:
Detained under section 8 MHA1992
Further detention section10(2)b
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Case 1. Mr. CD
PROGRESS:
Medical registrar consult re. ‘seizure’
advised CT Scan Head - postponed
Transfer to Connolly Unit
Discharged 2 days later
no acute psychosis
refused voluntary admission
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Case 2. Mrs. AB
77 year old woman
HISTORY:
intentional overdose ~12 hours
earlier
Warfarin 5 mg x 10
Digoxin 0.0625 mg x 10
Zopiclone 7.5 mg x 10
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Case 2. Mrs. AB
HISTORY:
patient phoned a pharmaceutical
company
company phoned ambulance
ambulance phoned GP
and brought patient to ED
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Case 2. Mrs. AB
PAST HISTORY:
Vertigo = peripheral and central
Depression and anxiety
Mitral valve replacement
Chronic atrial fibrillation
Poor vision: glaucoma, cataract op
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Case 2. Mrs. AB
ASSESSMENT:
GCS = 15
A B C = normal
ECG = 65/minute sinus rhythm, LVH
accepted basic investigations
willing to stay but refusing treatment
life-threatening overdose
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Case 2. Mrs. AB
‘suicide letter’
‘Advance Directive’ July 2000
Voluntary Euthanasia Society
member 3 years
Deterioration in ‘quality of life’
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Case 2. Mrs. AB
A+ Legal Advisor consulted
assess competency
consider past wishes
inform patient
Liaison Psychiatrist consultation
competent to refuse treatment
Daughter present
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Case 2. Mrs. AB
INVESTIGATIONS
INR = 5.8 on arrival
>10 the next morning
DIGOXIN = 2.1
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Case 2. Mrs. AB
PROGRESS
Admitted to medical ward
No complications
Discharged on day 5 to rest home
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The meaning of detention
Legal definition
In practice
Deprivation of liberty by physical
means
Induce to stay by threats or
assertion of authority
Reasonable conclusion that they
are not free to go
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Necessity
Requirements for psychiatric
detention
Actually mentally disordered
Situation of imminent danger or peril
Necessary in the circumstances
S.62 MHA 1992 –Urgent Treatment
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A Legal Framework
Emergency Situations
Crimes Act 1961
Necessity
The Mental Health (CAT) Act 1992
The Bill of Rights Act 1990
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Context
Right to refuse medical treatment
(S.11 Bill of Rights Act)
Treatment only with informed consent
(Right 7(1) Code of Patient Rights)
Assault; false imprisonment
Doctrine of urgent necessity
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Is the patient competent?
Partial
Is the patient mentally disordered?
Mental Health (Compulsory Assessment
and Treatment) Act 1992
S.8 Application
S.38 Duly Authorized Officer
S.110 Medical Practitioner
S.111 Nurse
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Patient not competent?
Right 7(4) Code of Patient Rights
Advance directive?
Legal representative?
Best interests?
Consumer’s view?
Other suitable persons?
I
TREAT
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S.41 Crimes Act 1961
“ Everyone is justified in using such
force as may be reasonably
necessary in order to prevent the
commission of suicide, or the
commission of an offence which
would be likely to cause immediate
and serious injury to the person or
property of anyone…”
S.48
Self Defence or Defence of others
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ADVICE
Offer options
Fully inform patient
Spread risk
Minimum intervention
Documentation – ‘refusal to treat’
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The
role of Liaison Psychiatry
The
role of the Legal Advisor
What
if they don’t phone back?
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