in Refusing Care

Published by University of Chicago Press

Published in print December 2002 | ISBN: 9780226733975
Published online March 2013 | e-ISBN: 9780226733999 | DOI:

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This chapter presents a rational scheme for the treatment of mentally ill people in contexts in which they are unwilling—one that does not add further to their mistreatment. It discusses most of the issues involving forced treatment of the mentally ill—civil commitment, involuntary medication and other treatment, and restraints and seclusion. These issues are put forth in the context of how doctors and lawyers tend to differ about these matters, what the nature of mental illness is, and what the justifications for treating the mentally ill differently are. Arriving at a competency standard is a thoroughly normative undertaking. Indeed, to speak to both incompetency and impairment, the very concept of the ability involves norms and values. Mentally ill people have for too long been terrorized by the system, neglected, and discriminated against.

Keywords: mentally ill; doctors; lawyers; incompetency; impairment

Chapter.  2067 words. 

Subjects: Medical and Healthcare Law

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