Weiner B A
Hosp Community Psychiatry. 1982 Jun;33(6):461-4. doi: 10.1176/ps.33.6.461.
Since the late 1960s mental health advocates have filed numerous lawsuits against mental health institutions in an effort to narrow the standards for civil commitment, improve the care of patients, and define patients' rights. While many of the lawsuits were successful in attaining these goals at the district and appellate court levels, review by the Supreme Court generally has resulted in decisions blunting the lower court rulings. The high court has rejected broadly worded lower court decisions on commitment laws, standards of proof in commitment hearings, and patients' rights. The court also has upheld the traditional reliance on decision-making by medical professionals. The author describes a number of these cases and their decisions and concludes that cases now before the Supreme Court very likely will result in decisions that strike a balance between the needs of the patients and those of treatment staff.
自20世纪60年代末以来,心理健康倡导者对心理健康机构提起了众多诉讼,旨在缩小民事收容标准、改善患者护理并界定患者权利。虽然许多诉讼在地区法院和上诉法院层面成功实现了这些目标,但最高法院的审查通常导致裁决削弱了下级法院的判决。高等法院驳回了下级法院关于收容法、收容听证中的举证标准和患者权利的措辞宽泛的判决。法院还维持了对医学专业人员决策的传统依赖。作者描述了其中一些案例及其判决,并得出结论,目前最高法院正在审理的案件很可能会做出在患者需求和治疗人员需求之间取得平衡的判决。