COURTS, STATE HOSPITALS, AND THE RIGHT TO TREATMENT

• NCJ Number: 7011
• Journal: American Journal of Psychiatry Volume: 129 Issue: 3 Dated: (SEPTEMBER 1972) Pages: 298-304
• Author(s): J ROBITSCHER
• Date Published: 1972
• Length: 7 pages
• Corporate Author: American Psychiatric Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

COURT DECISIONS ON THE RIGHT TO TREATMENT THAT HAVE CULMINATED IN A NEW LEGAL DOCTRINE HOLDING COURTS RESPONSIBLE FOR MAINTAINING STATE HOSPITAL STANDARDS.

Abstract

TO DEAL WITH THE RESULTING DILEMMA, PSYCHIATRY MUST DEVELOP OBJECTIVE STANDARDS THAT THE COURT CAN APPLY IN MEASURING PSYCHIATRIC CARE AND THUS PREVENT THE LEGAL DETERMINATION OF TREATMENT ADEQUACY FROM USURPING PSYCHIATRIC AUTHORITY AND DETERMINING HOSPITAL POLICY. INNOVATIVE APPROACHES TO HOSPITALIZATION WILL BE NEEDED BEFORE STATE HOSPITAL PATIENTS RECEIVE ADEQUATE TREATMENT AND VITALITY IS GIVEN TO THEIR RIGHT TO PROPER TREATMENT.