Questions tagged [mental-health]

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2answers
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 ...
8
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2answers
733 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 ...
6
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1answer
198 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 ...
6
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2answers
1k 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" - ...
4
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1answer
148 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 ...
3
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1answer
391 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 ...
3
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2answers
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 ...
2
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1answer
103 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 ...
2
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1answer
80 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. ...
2
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2answers
281 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 ...
1
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2answers
453 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?
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2answers
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 ...
1
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1answer
362 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 ...
1
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1answer
61 views

Negligence of psychiatrist

What percentage of patients who attempted to sue their psychiatrist for negligence have succeeded?
1
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1answer
79 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 ...
1
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1answer
210 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 ...
1
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1answer
202 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 ...
1
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1answer
143 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 ...
1
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1answer
51 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 ...
1
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1answer
173 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 ...
1
vote
1answer
186 views

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

My friend was sectioned 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 because it will be his word ...
1
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0answers
40 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 ...
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0answers
121 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 ...
0
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1answer
62 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 ...
0
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1answer
47 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 ...
0
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1answer
187 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 ...
0
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2answers
51 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 ...