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Questions tagged [mental-health]

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3 votes
1 answer
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To what extent can police officers intervene in a suicide?

Suicide is legal in the United States. Are police allowed to do things they would not have normally been able to do if not for the situation (e.g. tackling the attempter to prevent him from falling)? ...
yogazefish's user avatar
3 votes
1 answer
679 views

Who is liable for a resident mental care patient intruding someone's property?

Suppose someone lives next door to a mental health care home. One of the resident patients climbs out of the care home and breaks into the neighbour's house. Who would be liable for the break-in? The ...
schrödingcöder's user avatar
17 votes
4 answers
12k views

If someone commits a crime, but suffers brain damage and has no memory of the crime, will they get punished?

Say that Bob is a horrible person who commits murder, theft, and a bunch of other bad stuff. Before getting caught, he shoots himself in the head. Miraculously, he survives, but with a severe case of ...
chausies's user avatar
  • 4,171
-5 votes
1 answer
421 views

Gaslighting ; criminal or civil

Gaslighting can be extremely damaging. Like Gang-Stalking, it is near impossible to prove it executed correctly. How can gaslighting be prosecuted as a crime?
Artemus hutchens's user avatar
1 vote
2 answers
319 views

Must a counselor therapist keep certain information confidential even if it pertains to illegal activity?

Generally speaking medical professionals are obligated to keep their patient information confidential, I think by legislation or the licensing body that allows them to practice. I'm not sure if it's ...
user49748's user avatar
1 vote
1 answer
147 views

Legal recourse if fellow patient recorded and distributed group therapy session

Person A is participating in a PTSD/Abuse recovery program in Tennessee. During a private conversation (not part of any official therapy) they divulge to patient B highly personal information ...
Kevin's user avatar
  • 231
1 vote
1 answer
104 views

Is a mental health crisis defined anywhere in the Mental Health Acts?

Does the state of mental health crisis have any statutory definition provided by the Mental Health Act 1983 or any other piece of legislation in the UK?
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
291 views

How does the phrase "to be sectioned" originate?

Of course it derives from the relevant section of the mental health act that bestows the powers of "sectioning", but why is that term used to refer to "being detained for mental health ...
JosephCorrectEnglishPronouns's user avatar
-1 votes
1 answer
106 views

Under what circumstances may one be brought to a safe place by police under the Mental Health Act?

Are they completely distinct from those in which one may be "sectioned"?
JosephCorrectEnglishPronouns's user avatar
-1 votes
1 answer
79 views

Audio obfuscation for HIPPA compliance

I have audio files of medical conversations that require HIPPA level protection. I would like to send these files to a third party for transcription. However, the service I would like to use does not ...
connor449's user avatar
  • 101
1 vote
1 answer
254 views

Is it criminal to threaten suicide, or to have thoughts of suicide?

Psychiatric doctrine asserts entitlement to incarcerate someone on grounds of the bogeymen of suicidal and homicidal ideations. This is arguably a bit rich, because suicide and homicide are both ...
JosephCorrectEnglishPronouns's user avatar
0 votes
0 answers
66 views

Are involuntary commitment hearings under the NYS Mental Hygiene Law heard in the county or city court?

All in the title, unfortunately. Under the mental hygiene law one is entitled to a hearing following a 2-physician certification of involuntary treatment worthiness. What type of court is this type of ...
Joseph's user avatar
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0 votes
0 answers
28 views

How to request stenographic transcripts of psychiatric commitment proceedings under NYMHL from Westchester County Court's archive?

What is the process for obtaining transcripts of the judicial involuntary psychiatric commitment hearing and what form exactly would they be provided in?
Joseph's user avatar
  • 55
2 votes
1 answer
154 views

What is the SCOTUS's standard of *dangerousness* in decisions of involuntary psychiatric commitment?

It seems that the standard of immediacy/imminence of the dangerousness was not ever that well defined by the SCOTUS. This is the best, most comprehensive reference on the matter that I've been able to ...
Joseph's user avatar
  • 55
2 votes
1 answer
165 views

How immediate must one's risk of harm be to self or others to be involuntarily held for psychiatric evaluation in the US?

What are the criteria and standard of posed danger for someone to be deprived of liberty on psychiatric grounds in the US? I suppose the supreme court has ruled on this matter in a way that would be ...
JosephCorrectEnglishPronouns's user avatar
3 votes
1 answer
137 views

Who is responsible for incapacitated persons house key?

I am a little confused as to who has the responsibility for looking after the key to the house of someone we know that tried to commit suicide. The events: Alice enters a coma I perform a wellness ...
Dan's user avatar
  • 31
1 vote
1 answer
917 views

What is the legal process for a patient under psychiatric hold (or their representative) to request a transfer to a different facility?

Suppose a patient is involuntarily committed to a psychiatric facility in Colorado. However, the patient feels that they are receiving inadequate care at their current facility, and would prefer to be ...
moonman239's user avatar
  • 3,068
2 votes
1 answer
122 views

What are the requirements to have someone who is suicidal held involuntarily if they presented for help to A&E?

In the U.K (speciffically England) if someone experiencing a mental health crisis and non-specific suicidal thoughts attends A&E seeking support and coping strategies, whether that is advice or ...
GrimaST's user avatar
  • 21
2 votes
2 answers
136 views

Is it legal for a hospital to disclose details of one's forced hospitalization hearing to a family member?

My mother had me involuntarily admitted in NY State, and the hospital deemed me fit for discharge. There were delays and during that time my mother called in protesting my scheduled discharge. My ...
Joseph's user avatar
  • 55
2 votes
1 answer
184 views

Mental health consumer rights (UK)

Are there any specific UK laws that deal with the following? I've struggled with mental health problems most of my adult life and am currently on the waiting list for an nhs referral to a psychiatrist....
Rebecca88's user avatar
0 votes
2 answers
92 views

The relevance of Article 8 in consent to a sexual act for mentally ill people in UK?

I have been watching a Supreme Court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. I will ask them as ...
Asan Ramzan's user avatar
10 votes
1 answer
3k views

What is the father of the bride test?

I have been watching a Supreme Court hearing, and there are certain things that I don't understand. I have also not been able to find what these things mean on the internet. The Supreme Court hearing ...
Asan Ramzan's user avatar
10 votes
2 answers
2k views

Who decides DNR decision when patient is non compos mentis?

My 83 year old mother's mental and physical health has deteriorated rapidly in last six months. At this point, she asks if her mother (dead 35 years) is coming to see her, if her grandchildren are ...
Chowzen's user avatar
  • 203
1 vote
1 answer
290 views

In Germany, are doctors within the same institution able to access any patients' medical records?

I have a friend living in Germany who is seeking therapy in her small town. However, a problem that she is facing is that all of the psychological/psychiatric institutions in her town are managed by ...
TheHans255's user avatar
1 vote
1 answer
787 views

I gave my landlord my a N9 form to end a 1 year lease due to allergies and she is refusing to accept it. Is that illegal do I have recourse with LTB?

I have a one year lease, I've only lived in the unit for 2 months. My landlord has lied to me multiple times by making verbal agreements then going back on them. Her lies included other tenants and ...
Dev's user avatar
  • 11
1 vote
1 answer
99 views

When does "mental health" factor into penalizing an individual?

What is the reason behind a person with poor mental health wouldn't face the same repercussions as someone with good mental health for breaking the law? In extreme situations it could be used as a ...
Jankin's user avatar
  • 357
1 vote
1 answer
196 views

What are my rights if my neighbor is belligerent in his own home?

I live in a condo and my neighbor with a shared wall has violent and profane outbursts. We believe he has a mental problem and has episodes of loud yelling and slamming doors/throwing furniture. It ...
jcar1986's user avatar
1 vote
1 answer
69 views

The stance on sentencing criminals with personality disorders in the UK

I am wondering what the stance of the UK legal system is on someone who was convicted of assault (ABH) with some kind of personality disorder, e.g NPD. On reading this there is some stance. But how ...
James Bushnell's user avatar
1 vote
1 answer
3k views

Firearm ownership after an involuntary mental health commitment

Seven years ago, I was involuntarily committed by court order for a mental health issue. However, it was a one-time occurrence, I have not been hospitalized since and I've made a full recovery. Can I ...
user27343's user avatar
  • 538
0 votes
2 answers
106 views

Are documents generated by the patient part of psychotherapy notes under HIPAA?

HIPAA defines psychotherapy notes as follows (emphasis added): Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or ...
Mowgli's user avatar
  • 516
1 vote
0 answers
61 views

When was homosexuality as the reason for institutionalization outlawed in the US?

In the United States, I'm guessing that one can no longer commit a person to a mental hospital (AKA insane asylum) with the only reason for commitment being: "said person is gay". Homosexuality is no ...
Rublacava's user avatar
  • 111
0 votes
1 answer
505 views

What constitutes having a history of violent behavior against the person or another according to Maryland firearms law?

According to Maryland statutes, Title 5, Subtitle 2, § 5-205 (b) (6) (my emphasis), someone who suffers from a mental disorder as defined in § 10-101(i)(2) of the Health - General Article and has a ...
Robert Columbia's user avatar
1 vote
1 answer
190 views

What is a "significant behavioral, emotional, or mental disorder" for the purpose of firearm disqualification in Hawaii?

According to Hawaii Statutes §134-7 (3) (my emphasis), no person who Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current ...
Robert Columbia's user avatar
2 votes
2 answers
552 views

Gun ownership prior to involuntary commitment

My father gave me a family gun when I was 16. Let's say I was involuntarily hospitalized recently do to an antidepressant overdose. Am I required to turn in my gun?
Liam's user avatar
  • 31
0 votes
0 answers
216 views

FAA medical certification and the American with Disabilities Act

I'm in my early thirties and a recovered addict with a former diagnosis for bipolar disorder with psychotic features. However, I've been sober for five years, off all medications for four, and ...
user27343's user avatar
  • 538
3 votes
1 answer
141 views

Legal Liability for mentally infirm

This is a fictionalized question to help me understand an element of liability I stumbled across recently. My parents are not infirm and do not live with me. I am well past the age of majority. One ...
davidgo's user avatar
  • 3,476
0 votes
1 answer
55 views

Mental Capacity of family member with means

I have a family member who has over the last few years made quite a lot of money. Recently he has been diagnosed with bi-polar. He is ATM off his meds and is currently on a 'high' and spending a ...
user1683285's user avatar
2 votes
2 answers
598 views

Can I refuse to provide information when a police officer asks about my mental health?

The studies aren't conclusive but some seem to suggest those with mental health diagnoses tend to be treated differently by police officers. For example, Watson, Corrigan Ottti report that ...
Bob's user avatar
  • 23
1 vote
1 answer
310 views

Can a police officer report to a psychiatrist?

In the United States, a psychiatrist calls a police officer under Tarasoff to report a possible danger. The police officer speaks with the potentially dangerous person and the dangerous person's ...
sondra.kinsey's user avatar
3 votes
2 answers
2k views

Is it against HIPAA law for a high school to keep records of a mental health survey administered to all students?

At my son's high school, the administration administered a "Strengths and Difficulties Questionnaire" (SDQ) during class, which posed statements such as "I am often unhappy, depressed or tearful" and ...
traviata's user avatar
3 votes
2 answers
1k views

To what extent can mental illness create a defence or mitigation against liability in a civil case?

I'm thinking here of both UK and US law, which I assume will differ. Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff/claimant's ...
Stilez's user avatar
  • 3,189
1 vote
1 answer
508 views

Taking control of an adult's healthcare

John Smith is over 18 but under 26. He lives with his parents in California. He has been diagnosed with bipolar disorder with possible comorbid psychological disorders. John has been hospitalized ...
Sam's user avatar
  • 11
0 votes
1 answer
78 views

Negligence of psychiatrist

What percentage of patients who attempted to sue their psychiatrist for negligence have succeeded?
user9102's user avatar
3 votes
1 answer
470 views

In Canada is it legal for a doctor not to be able to do something they should know?

This is a strange question. A few years ago I was a victim of a crime and I had been feeling bad about it. I go to University and once was told it's a good idea to make use of the counselors there ...
Sammson's user avatar
  • 113
6 votes
2 answers
2k views

Can a person be prosecuted for their thoughts?

Let's assume I'm thinking about ___ [1] - am I liable to prosecution? I assume that having thoughts of any kind is not illegal and therefore cannot be prosecuted. We are not in "Minority Report" - ...
Silly mistakes in the past's user avatar
8 votes
2 answers
864 views

Was I forced into a mental hospital legally?

If, after an accidental Xanax overdose, a person went to the ER to be safe, is it legal for the hospital to force them into a psychiatric hospital for three days? What if the person told the nurses it ...
Alice Nykaza's user avatar
1 vote
1 answer
365 views

What is the likelihood of successfully suing a psychologist for detaining you under the Mental Health Act (UK)

My friend was sectioned (= committed) some years ago by two social workers and a psychologist. He now believes it was unjust and wants to "clear his name". I have advised him to drop it ...
superluminary's user avatar
4 votes
1 answer
167 views

How does the process of a law appointed therapist work?

Say, for example, when a high school student is charged with a Minor in Possession for possessing alcohol, or with a similar charge for some other controlled substance. My understanding is that for ...
blissfreak's user avatar
6 votes
1 answer
301 views

(US) Under what circumstances can a person be forced to enter a facility for having a mental illness?

Though this question would be great to know for various legal systems, I'm tagging this with united-states since it will likely be complicated enough with just a single country being considered. When ...
ZAD-Man's user avatar
  • 163