Florkowski Antoni, Zboralski Krzysztof, Macander Marian, Flinik-Jankowska Magdalena, Wierzbiński Piotr
Institute of Nursing, Podhale State Higher Vocational School Nowy Targ.
Department of Adult Psychiatry, Medical University of Lodz.
Pol Merkur Lekarski. 2015 Nov;39(233):325-8.
In this study we attempted to visualize certain irregularities that took place in the evaluation of a patient with personality disorders performed by psychiatrist expert witness, which resulted in an incorrect diagnosis, leading to wrong ruling of the court and a referral of the patient to clinical therapy lasting six years. The psychiatric and psychological expert opinions submitted to the court and first-hand psychiatric and psychological examination of the patient were analyzed. Efforts were made to show that the failure to comply with the diagnostic criteria in the process of diagnosis and not taking into account the previously issued five forensic psychiatric opinions issued by independent and experienced teams of psychiatrist expert witnesses, as well as not taking into account the nature of the offense committed have led to a number of irregularities in the assessment of the mental state of the patient. Above mentioned shortcomings have caused unjustified legal classification of the offense and six years long detention of the patient in closed psychiatric institutions, in our regard unnecessary. The described case could be regarded as an abuse of psychiatry for the non-medical purposes and thus should have be punish. Based on the presented case it has been demonstrated that insufficient experience in forensic psychiatry and failure to comply with diagnostic criteria of psychiatrists and psychologists expert witnesses had led to a series of blatant offense of civil rights and liberties, and thus unnecessary detention of the patient for six years.
在本研究中，我们试图呈现精神科专家证人对一名人格障碍患者进行评估时出现的某些违规情况，这些情况导致了错误的诊断，进而导致法庭做出错误裁决，并将患者转介至为期六年的临床治疗。我们分析了提交给法庭的精神病学和心理学专家意见以及对患者的第一手精神病学和心理学检查。我们努力表明，在诊断过程中未遵守诊断标准、未考虑独立且经验丰富的精神科专家证人团队先前出具的五份法医精神病学意见，以及未考虑所犯罪行的性质，导致了对患者精神状态评估中的一系列违规行为。上述缺陷导致了对罪行的不合理法律定性，并导致患者在封闭的精神病院被拘留六年，我们认为这是不必要的。所描述的案例可被视为将精神病学用于非医疗目的的滥用行为，因此应受到惩罚。基于所呈现的案例，已证明法医精神病学经验不足以及精神科医生和心理学专家证人未遵守诊断标准导致了一系列公然侵犯公民权利和自由的行为，从而导致患者被不必要地拘留了六年。
