Coercive Treatment in Psychiatry: Clinical, Legal and Ethical Aspects

Description

Coercion is one of the most fascinating and controversial subjects in psychiatry. It is a highly sensitive, and hotly debated topic in which clinical practice, ethics, the law and public policy converge. This book considers coercion within the healing and ethical framework of therapeutic relationships and partnerships at all levels, and addresses the universal problem of how to balance safety versus autonomy when dealing with psychiatric treatment.

Coercive Treatment in Psychiatry is a much needed contribution to the literature. The first three sections deal with the conceptual and clinical aspects of coercive treatment, the legal aspects and the ethical aspects of coercive treatment. In detail, these sections cover a broad spectrum of issues: coercion in institutions and in the community, coercive treatment and stigma, the definition of best practice standards for coercive treatment, de-escalation of risk situations, recent developments in mental health legislation, mental health care and patients’ rights, cross-cultural perspectives on coercive treatment, historical injustice in psychiatry, and paternalism in mental health. The fourth section features users’ views on coercive treatment: giving voice to an often-unheeded population. Finally, the book addresses the original topic of coercion and undue influence in decisions to participate in psychiatric research

This book presents the first comprehensive review of the issue of coercion in psychiatry. With chapters written by the leading experts in the field, many of whom are renowned as clear thinkers and experienced clinicians, it may be seen as a starting point for international discussions and initiatives in this field aiming to minimize coercion.

Table of Contents

PREFACE
Thomas W. Kallert, Juan Mezzich, John Monahan

SECTION 1 on conceptual and clinical aspects of coercive treatment

1. Coercion and cooperation and psychiatry for the person
Juan E. Mezzich
Past President, World Psychiatric Association, Mount Sinai School of Medicine, NYU. 5th Avenue & 100th Street, Box 1093 New York, New York 10029-6574, United States

2. Coercive treatment and stigma: is there a link?
Wolfgang Gaebel, Harald Zäske
Department of Psychiatry and Psychotherapy, Medical Faculty, Heinrich-Heine-University, Duesseldorf, Germany.

3. Mandated Psychiatric Treatment in the Community: Forms, Prevalence, Outcomes and Controversies
John Monahan
University of Virginia School of Law, 580 Massie Road, Charlottesville, Virginia 22903, United States

4. Is it possible to de?ne a best practice standard for coercive treatment in psychiatry?
Tilman Steinert1, Peter Lepping2
1Centre for Psychiatry Suedwuerttemberg, Ulm University, D 88214 Ravensburg-Weissenau, Germany
2Wrexham Academic Unit for Mental Health, Betsi Cadwaladr University Health Board & University of Wales, Wrexham, Wales

5. How to de-escalate a risk situation to avoid the use of coercion?
Dirk Richter
Bern University of Applied Sciences, School of Health Sciences, Murtenstrasse 10, CH-3008 Bern; Switzerland

SECTION 2 on legal aspects of coercive treatment

6. Psychiatry and the law: do the ?elds agree in their views on coercive treatment?
Julio Arboleda-Flórez
Department of Psychiatry & Department of Community Health and Epidemiology, Queen's University, Kingston, ON Canada

7. Reducing discrimination in mental health law: the ‘fusion' of incapacity and mental health legislation
George Szmukler1, John Dawson2
1King's College London, Institute of Psychiatry, De Crespigny Park, London, SE5 8AF, Great Britain
2University of Otago, Faculty of Law, PO Box 56, Dunedin 9016, New Zealand

8. Mental health care and patients' rights: are these two fields currently compatible?
Thomas W. Kallert1,2,3
1Department of Psychiatry and Psychotherapy, University Hospital Dresden, Fetscherstrasse 74, D-01307 Dresden, Germany
2Park Hospital Leipzig, Department of Psychiatry, Psychosomatic Medicine and Psychotherapy, Morawitzstrasse 2, D-04289 Leipzig, Germany
3Soteria Hospital Leipzig, Morawitzstrasse 4, D-04289 Leipzig, Germany

SECTION 3 on ethical aspects of coercive treatment

9. Cross-cultural Perspectives on Coercive Treatment in Psychiatry
Ahmed Okasha, Tarek Okasha
Institute of Psychiatry -Ain Shams University, 3 Shawarby St Kasr El Nil, Cairo 11211, Egypt

10. Historical injustice in psychiatry with examples from Nazi Germany and others: ethical lessons for the modern professional
Rael Strous
Beer Yaakov Mental Health Center, Sackler Faculty of Medicine, Tel Aviv University, PO Box 1, 70350 Beer Yaakov, Israel

11. Paternalism in mental health: when boots are superior to Pushkin
Tom Burns
University of Oxford, Warneford Hospital, Oxford, OX3 7JX, UK

SECTION 4 on users' views on coercive treatment

12. The Moral Imperative for Dialogue With Organizations of Survivors of Coerced Psychiatric Human Rights Violations
David W. Oaks
Executive Director, MindFreedom International

13. Service user/survivor perspective on research on coercion
Jasna Russo, Jan Wallcraft

14. Seventy Years of Coercion in Psychiatric Institutions, Experienced and Witnessed
Dorothea S. Buck-Zerchin

15. Coercion: point, perception, process
Dorothy Castille1, Kristina H Muenzenmeier2, Bruce Link3
1New York State Psychiatric Institute, Columbia University, 620 Fort Washington Avenue, 5A, New York, New York 10040, United States
2Albert Einstein College of Medicine, 1500 Waters Place, Bronx, New York 10461, United States
3 New York State Psychiatric Institute, Columbia University, 722 West 168th Street, New York, New York 10032, United States

SECTION 5 on coercion and undue influence in decisions to participate in psychiatric research

16. Ethical issues of participating in psychiatric research on coercion
Lars Kjellin
School of Health and Medical Sciences, Psychiatric Research Centre, Örebro University, P-O. Box 1613, SE-701 16 Örebro, Sweden

17. Coercion and undue in?uence in decisions to participate in psychiatric research
Paul Appelbaum1, Charles W. Lidz2, Robert Klitzman3
1Department of Psychiatry, Columbia University, 1051 Riverside Drive, Unit 122, New York, New York 10032, United States
2UMass Medical School, 55 Lake Ave North, Worcester, MA 01655, United States
3Columbia University: College of Physicians & Surgeons, and School of Public Health; Ethics, Policy and Human Rights Core, HIV Center, 1051 Riverside Drive / Unit # 15, New York, New York 10032, United States

Author Information

Professor Kallert has been active in the field of mental health services research for many years. He was co-ordinator of the EC-funded research project, European evaluation of coercion in psychiatry and harmonisation of best clinical practice (EUNOMIA). He has published 6 books, more than 35 chapters in books, and more than 125 articles in peer-reviewed journals. He has received the Hermann-Simon-Prize for Social Psychiatry, and the Hans-Heimann-Prize of the German Society of Psychiatry, Psychotherapy and Neurosciences. He is an Honorary Member of the World Psychiatric Association.

Dr. Mezzich was Chair of the World Psychiatric Association (WPA) Section on Classification and Diagnostic Assessment, and a member of the ICD-10 Mental Disorders Workgroup and the DSM-IV Task Force. He has authored over 200 scientific journal articles and book chapters and 25 books and monographs primarily on psychiatric diagnosis and epidemiology from clinical, philosophical, statistical, and cultural perspectives and more recently on person-centered psychiatry and medicine. He has received six Honorary Doctorates from universities in the Americas and Europe as well as the Simon Bolivar Award of the American Psychiatric Association, the Medal for Extraordinary Merit of the Medical Council of Peru, and the Linneaus Medal of Uppsala University in Sweden. He is President of the InternationalNetwork for Person-centered Medicine.

Professor Monahan is well known internationally for his numerous publications and presentations in mental health law, for his leadership of the MacArthur Research Network on Violence, Coercion and Competence and of the current MacArthur Research Network on Mandated Treatment in the Community, and for his generous support and encouragement of scholars in coercion and in all areas of mental health law.