scholarly journals The emergency treatment of overdose: a problem of consent to treatment

1995 ◽  
Vol 19 (1) ◽  
pp. 7-9
Author(s):  
Tim Hardie ◽  
Kamaldeep Bhui ◽  
Phillip Brown
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Medical Treatment ◽  
Emergency Treatment ◽  
Civil Law ◽  
Consent To Treatment ◽  
Definition Of ◽  
Consent To Medical Treatment ◽  
Law Commission

We surveyed 119 psychiatrists to see how they would act with a patient who has taken a potentially lethal overdose, has no mental illness, and is refusing treatment. There was substantial disagreement. There may be a risk of action under civil law whether the psychiatrist decides to treat the patient without his or her consent or not. The Law Commission are examining whether mental disorder, as defined in the Mental Health Act 1983, should be used as a test of Incapacity to give consent to medical treatment. Such legislation would help doctors but may encourage a wide interpretation of the definition of mental disorder.

scholarly journals Definitions and criteria: the 2007 amendments to the Mental Health Act 1983

2010 ◽  
Vol 16 (3) ◽  
pp. 161-167 ◽  
Author(s):  
Tim Branton ◽  
Guy Brookes
Keyword(s):  
Mental Health ◽  
Mental Disorder ◽  
Medical Treatment ◽  
Psychological Treatment ◽  
Basic Structure ◽  
Code Of Practice ◽  
Mental Health Act ◽  
Sexual Deviancy ◽  
Definition Of ◽  
Mental Capacity Act

SummaryThis article deals with the provisions for the lawful detention and compulsory treatment of patients in England and Wales. The 2007 amendments to the Mental Health Act 1983 redefine ‘mental disorder’ and ‘medical treatment’ and remove the classifications required for longer-term detention, abolishing the so-called ‘treatability test’ and introducing a new appropriate-treatment test. ‘Learning disability’ is brought within the definition of mental disorder but only if ‘associated with abnormally aggressive or seriously irresponsible conduct’. The exclusion for promiscuity, other immoral conduct or sexual deviancy is repealed; the exclusion for dependence on alcohol and drugs is retained. The revised definition of ‘medical treatment’ includes psychological treatment and removes the requirement that treatment is under medical supervision. The basic structure of the 1983 Act is retained. Use of the powers is discretionary. The principles of the Mental Capacity Act 2005 are imported into the decision-making framework through the wording of the Mental Health ActCode of Practice.

Adolescents and Mental Disorder: Who Consents to Treatment?

1997 ◽  
Vol 3 (1) ◽  
pp. 51-74 ◽  
Author(s):  
Caroline Bridge
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Young People ◽  
Mental Disorder ◽  
Medical Treatment ◽  
Mentally Ill ◽  
Young Person ◽  
Refusal Of Treatment ◽  
Mental Health Act ◽  
Adolescent Autonomy

Although English law recognises that developing adolescents may acquire the capacity to make decisions about medical treatment themselves it does not address the problem of mentally disturbed or disordered adolescents. This article examines the nature of adolescent refusal of treatment and suggests that a line be drawn between three categories of adolescent disturbance—the competent young person who refuses treatment that an adult too may refuse, the rebellious teenager whose refusal is triggered by simple teenage angst, and the mentally ill teenager whose refusal is triggered by mental illness. It suggests that adolescent autonomy needs to be more fully understood and the Mental Health Act more readily used in treating young people.

Does section 63 of the Mental Health Act 1983 disempower patients with mental illness? Analysis of the case law

2017 ◽  
Vol 86 (1) ◽  
pp. 19-22 ◽  
Author(s):  
Bhanuka Senasinghe
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Medical Treatment ◽  
Psychiatric Patients ◽  
Case Law ◽  
Mental Illnesses ◽  
Legal Cases ◽  
Physical Conditions ◽  
Mental Health Act

In England and Wales, detained psychiatric inpatients are treated under section 63 of the Mental Health Act 1983. This paper critically analyses the relevant law and considers the arbitrary distinctions between consent for treatments for mental illnesses and physical conditions, which may disempower patients with mental illness. Section 63 states that (for detained psychiatric patients) consent for medical treatment for patients’ mental disorder is not required. The treating clinician responsible for a patient decides what this medical treatment entails. This article focuses on three main legal cases: B v Croydon Health Authority, Tameside and Glossop v CH and Nottinghamshire Healthcare NHS Trust v RC and considers whether s 63 disempowers patients with mental illnesses.

Learning disability and the Scottish Mental Health Act

2017 ◽  
Vol 11 (2) ◽  
pp. 74-82
Author(s):  
Heather Welsh ◽  
Gary Morrison
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Learning Disabilities ◽  
Mental Disorder ◽  
Learning Disability ◽  
Psychotic Disorders ◽  
Content Type ◽  
Mental Health Legislation ◽  
Scottish Government ◽  
Health Legislation

Purpose The purpose of this paper is to investigate the use of the Mental Health (Care and Treatment) (Scotland) Act 2003 for people with learning disabilities in Scotland, in the context of the recent commitment by the Scottish Government to review the place of learning disability (LD) within the Act. Design/methodology/approach All current compulsory treatment orders (CTO) including LD as a type of mental disorder were identified and reviewed. Data was collected on duration and type of detention (hospital or community based) for all orders. For those with additional mental illness and/or personality disorder, diagnoses were recorded. For those with LD only, symptoms, severity of LD and treatment were recorded. Findings In total, 11 per cent of CTOs included LD as a type of mental disorder. The majority of these also included mental illness. The duration of detention for people with LD only was almost double that for those without LD. A variety of mental illness diagnoses were represented, psychotic disorders being the most common (54 per cent). Treatment was broad and multidisciplinary. In all, 87 per cent of people with LD only were prescribed psychotropic medication authorised by CTO. Originality/value There has been limited research on the use of mental health legislation for people with learning disabilities. This project aids understanding of current practice and will be of interest to readers both in Scotland and further afield. It will inform the review of LD as a type of mental disorder under Scottish mental health law, including consideration of the need for specific legislation.

scholarly journals Associations between common mental disorders and the Mental Illness Needs Index in community settings

2007 ◽  
Vol 191 (2) ◽  
pp. 158-163 ◽  
Author(s):  
David L. Fone ◽  
Frank Dunstan ◽  
Ann John ◽  
Keith Lloyd
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Small Area ◽  
Common Mental Disorders ◽  
Common Mental Disorder ◽  
Service Planning ◽  
Individual Risk ◽  
Community Settings

BackgroundThe relationship between the Mental Illness Needs Index (MINI) and the common mental disorders is not known.AimsTo investigate associations between the small-area MINI score and common mental disorder at individual level.MethodMental health status was measured using the Mental Health Inventory of the Short Form 36 instrument (SF-36). Data from the Caerphilly Health and Social Needs population survey were analysed in multilevel models of 10 653 individuals aged 18–74 years nested within the 2001 UK census geographies of 110 lower super output areas and 33 wards.ResultsThe MINI score was significantly associated with common mental disorder after adjusting for individual risk factors. This association was stronger at the smaller spatial scale of the lower super output area and for individuals who were permanently sick or disabled.ConclusionsThe MINI is potentially useful for small-area needs assessment and service planning for common mental disorder in community settings.

The scale of the problem

Psychiatry ◽  
2019 ◽  
Author(s):  
Rebecca McKnight ◽  
Jonathan Price ◽  
John Geddes
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Mental Disorder ◽  
Mental Health Problems ◽  
Clinical Medicine ◽  
Well Being ◽  
World Health ◽  
The Social ◽  
Definition Of ◽  
Health Organization

One in four individuals suffer from a psychiatric disorder at some point in their life, with 15– 20 per cent fitting cri­teria for a mental disorder at any given time. The latter corresponds to around 450 million people worldwide, placing mental disorders as one of the leading causes of global morbidity. Mental health problems represent five of the ten leading causes of disability worldwide. The World Health Organization (WHO) reported in mid 2016 that ‘the global cost of mental illness is £651 billion per year’, stating that the equivalent of 50 million working years was being lost annually due to mental disorders. The financial global impact is clearly vast, but on a smaller scale, the social and psychological impacts of having a mental dis­order on yourself or your family are greater still. It is often difficult for the general public and clin­icians outside psychiatry to think of mental health dis­orders as ‘diseases’ because it is harder to pinpoint a specific pathological cause for them. When confronted with this view, it is helpful to consider that most of medicine was actually founded on this basis. For ex­ample, although medicine has been a profession for the past 2500 years, it was only in the late 1980s that Helicobacter pylori was linked to gastric/ duodenal ul­cers and gastric carcinoma, or more recently still that the BRCA genes were found to be a cause of breast cancer. Still much of clinical medicine treats a patient’s symptoms rather than objective abnormalities. The WHO has given the following definition of mental health:… Mental health is defined as a state of well- being in which every individual realizes his or her own po­tential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community.… This is a helpful definition, because it clearly defines a mental disorder as a condition that disrupts this state in any way, and sets clear goals of treatment for the clinician. It identifies the fact that a disruption of an individual’s mental health impacts negatively not only upon their enjoyment and ability to cope with life, but also upon that of the wider community.

scholarly journals The case for removing intellectual disability and autism from the Mental Health Act

2019 ◽  
Vol 215 (5) ◽  
pp. 633-635
Author(s):  
Sheila Hollins ◽  
Keri-Michèle Lodge ◽  
Paul Lomax
Keyword(s):  
Mental Health ◽  
Intellectual Disability ◽  
Health Services ◽  
Mental Disorder ◽  
Learning Disability ◽  
Mental Illnesses ◽  
Mental Health Act ◽  
Definition Of ◽  
Serious Mental Illnesses

SummaryIntellectual disability (also known as learning disability in UK health services) and autism are distinct from the serious mental illnesses for which the Mental Health Act is designed to be used. Their inclusion in the definition of mental disorder is discriminatory, resulting in unjust deprivations of liberty. Intellectual disability and autism should be excluded from the Mental Health Act.Declaration of interestNone.

scholarly journals Die rol van die gemeenskapsverpleegkundige in die voorkoming en hantering van geestesongesteldheid

Curationis ◽  
1988 ◽  
Vol 11 (3) ◽  
Author(s):  
J.J. Keogh
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Illness ◽  
Primary Health Care ◽  
Personal Health ◽  
Community Nurse ◽  
Primary Health ◽  
Hospital Patients ◽  
Definition Of

A definition of community nursing was given, and the following roles of the community nurse was briefly described: - A provider for primary health care. - A provider of personal health care to non-hospital patients. - A n advisor. - A n observer. The special skills that a community nurse must have was also briefly discussed. The role of the community nurse in the handling and prevention of mental illness at the three levels of prevention was discussed, and criteria for the measurement of mental health was highlighted.

scholarly journals Attitudinal and demographic factors associated with seeking help and receiving antidepressant medication for symptoms of common mental disorder

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Elena A. Manescu ◽  
Emily J. Robinson ◽  
Claire Henderson
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Mental Health Problem ◽  
Health Problem ◽  
Help Seeking ◽  
Common Mental Disorder ◽  
General Health Questionnaire ◽  
Seeking Help ◽  
Positive Effect

Abstract Background Despite the increased attention given to improvement of mental health-related knowledge and attitudes, rates of help-seeking for mental illness remain low even in countries with well-developed mental health services. This study examines the relationships between attitudes to mental illness, symptoms of common mental disorder and seeking-help and receiving medication for a mental health problem. Methods We used data from the nationally representative Health Survey for England 2014 to design three logistic regression models to test for the effects of attitudes to mental illness (measured by a shortened version of the Community Attitudes toward the Mentally Ill, CAMI scale) on: recent contact with a doctor for a mental health problem; use of any type of mental health service in the last 12 months; and having antidepressants currently prescribed, while controlling for symptoms of common mental disorder (measured by the General Health Questionnaire, GHQ). We also tested for an interaction between attitudes to mental illness and symptoms of common mental disorder on the outcomes. Results A significant but very small effect of CAMI score was found on ‘antidepressants currently prescribed’ model (OR = 1.01(1.00, 1.02) but not on the two indicators of help-seeking. We also found a significant but very small interaction between CAMI and GHQ scores on recent contact with a doctor (OR = 0.99, 95% CI (0.990, 0.998); adjusted Wald test P = 0.01)). Knowing someone with a mental illness had a significant positive effect on help-seeking indicated by: (a) recent contact with a doctor (2.65 (1.01, 6.98)) and (b) currently prescribed antidepressant (2.67 (1.9, 3.75)) after controlling for attitudes to mental illness. Conclusions Our results suggest that knowing someone with a mental health problem seems to have a further positive effect on help-seeking, beyond improving attitudes to mental illness. Furthermore, multiple different types and aspects of stigma may contribute to help-seeking behaviours, consequently multi-faceted approaches are likely to be most efficient.

scholarly journals La réforme du Code criminel canadien en matière de troubles mentaux et son impact sur la détention des justiciables

Criminologie ◽  
2005 ◽  
Vol 28 (2) ◽  
pp. 61-83 ◽  
Author(s):  
Danielle Laberge ◽  
Daphné Morin ◽  
Marie Robert
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Disorder ◽  
Justice System ◽  
Mental Health Problems ◽  
Research Trend ◽  
Major Research ◽  
Legal Process ◽  
Judicial Process ◽  
Troubles Mentaux

This article discusses how pre-trial detention has become an important instrument in the treatment of the accused whose mental state has been questioned during the judicial process. This study is part of a major research trend centered on the hypothesis of criminalization of the mental illness. This hypothesis has been defined as a shift of groups of the population from the mental health system to the criminal justice system. First, the authors examine how the Criminal Code's dispositions and those regarding mental disorder, which have been revised in February 1992, can be associated with the Court's decisions regarding the release of the accused during the legal process. Then, the authors continue to look into the question concerning the articulation of dual decisional logic (judicial and psychiatric) by studying approximately 1 000 cases heard before the Criminal and Penal Chamber of the Québec Court in Montréal in 1992-1993, in which the mental illness issue was raised. This analysis will try to demonstrate a link between pre-trial detention and mental health problems. It will also show that, despite the adoption of the principle of presumption against custody during assessment orders regarding mental disorder, the Court practices are changing slowly and the new dispositions are rarely used.

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