Mental Health Patient Rights: Clinicians Can Not Continue The Medication Even If It Could Prevent Another Emergency Situation

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Even if it could prevent another emergency situation, the patient has the right to decide whether to continue or not, Clinicians can’t continue the medication.

Only to control the emergency which,, is defined as an imminent danger to self or others, A doctor may provide involuntary treatment, usually a medication given by injection or by mouth.

Unless the patient agrees and gives informed consent, whatever treatment is provided in an emergency can’t be continued after the immediate danger has passed.

In an emergency, all bets are off. Right to refuse treatment is also fundamental to the legal requirements for psychiatric treatment. It may seem odd that a person can be involuntarily admitted, or committed, to a hospital and later refuse treatment. Someone who enters a hospital voluntarily and shows no imminent risk of danger to self or others may express the right to refuse treatment by stating he wants to leave the hospital.

So a person admitted involuntarily, due to danger to self or others, can’t leave, at least not outright. Except by court order, despite having the authority to keep the patient in the hospital, the professional staff can not treat the person against certainly, no two judges are alike. Much of the law derives from court cases in the previous century involving people who were admitted to state psychiatric hospitals where they languished without proper treatment, sometimes for many years. Virtually, in order for public psychiatric hospitals to receive Medicare and Medicaid payment, they must obtain identical national certification as academic medical centers and local community hospitals. For patients and families, now this means that a person admitted to a public psychiatric hospital has a right to receive and must receive the standard of care delivered in any accredited psychiatric setting.

Many of us are aware that there is a long legal history on the right to treatment. Laws compelling a ‘right to treatment’ law developed and became instrumental to the ‘qualitycontrolled’ public psychiatric hospitals that exist today. Inpatient stays often last a couple of weeks longer if court ordered treatment is required. Notice that as clinicians have seen, notably once a court order is obtained, almost all patients comply with treatment within a day or so, and hereupon, hopefully, proceed to respond to treatment. Involuntarily hospitalized patients still have a right to decide what happens to their bodies. The right to refuse treatment can, and does, result in thence cannot proceed with treatment. It’s a well-known fact that the concept of a right to refuse treatment was built on basic rights to privacy, equal protection under the law, and due process.