McCready J, Merskey H
Can Med Assoc J. 1981 Mar 15;124(6):719-24.
In a survey of 102 patients admitted involuntarily to a psychiatric hospital, a statement of potential danger, required by law, was found to be provided on all the committal forms. Closer enquiry suggested that although 89% of these patients were admitted involuntarily in accordance with strict legal requirements the legal justification for involuntary admission was questionable in 11 cases. Of these 11 admissions, 10 were thought to be warranted if medical considerations were given priority and on humane grounds. For 6 of the 10 patients treatment was clearly beneficial. One patient suffered hardships as a result of his involuntary admission that were not compensated for by any likelihood that he could have benefited medically from psychiatric care. Apparently humane considerations and the possibility that a mentally ill person could benefit from treatment led to some committals that were legally uncertain. It is concluded that the Mental Health Act should be revised to take account of such situations.
在一项对102名非自愿入住精神病院患者的调查中,发现所有入院表格上都有依法要求提供的潜在危险声明。进一步调查表明,尽管这些患者中有89%是根据严格的法律要求非自愿入院的,但在11起案例中,非自愿入院的法律依据存在疑问。在这11起入院案例中,如果优先考虑医疗因素并基于人道理由,有10起被认为是合理的。在这10名患者中,有6名患者的治疗显然是有益的。有一名患者因非自愿入院而遭受了痛苦,而他从精神科护理中获得医疗益处的可能性并不能弥补这些痛苦。显然,人道考量以及精神疾病患者可能从治疗中获益的可能性导致了一些在法律上存在不确定性的入院情况。得出的结论是,《精神健康法》应进行修订以考虑到此类情况。