12 results for 'cat:"Health Care" AND cat:"Commitment"'.
J. Virden finds the circuit court properly granted the behavioral health facility's petition to involuntarily commit the psychiatric patient. The patient absconded after a supervisory petition was granted, then was admitted to the facility with exacerbated psychosis. The patient, diagnosed with bipolar mania, has not complied with medication requirements and has refused therapy. She has been uncooperative, irritable and paranoid, has demonstrated poor judgement, and lacks insight into her condition. She has also been arrested for assault and presents a danger to herself and others. The appeals court defers to the circuit court's superior position. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: May 1, 2024, Case #: CV-23-465, Categories: Administrative Law, health Care, commitment
J. Barrett finds the circuit court properly involuntarily admitted the patient for drug-addiction treatment. The patient's mother filed a petition to have him involuntarily admitted for a fentanyl addiction and testified her son had overdosed 20 times that year, including having been found lying in the street. She also says he hears voices and she is afraid for her life. Though no evidence was presented showing the patient was homicidal, the state proved he was disabled and suicidal due to his drug use. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 3, 2024, Case #: CV-22-293, Categories: Evidence, health Care, commitment
Per curiam, the court of appeals denies the petition for mandamus. Civilly committed as a sexually violent predator, the patient's unauthorized petition for release was denied, with the court stating that though progress was made, the patient was still likely to engage in predatory sexual violence. The expert report shows the patient's behavior has changed for better and worse during the course of his treatment.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 7, 2024, Case #: 09-22-00022-CV, Categories: Evidence, health Care, commitment
J. Erickson finds a lower court properly dismissed a patient's wrongful confinement claims against a County health service. The patient argued that she was wrongfully civilly committed, misdiagnosed, and was forced to ingest neuroleptic medications without consent. However, the County health service sufficiently showed in court that she suffered from bipolar disorder, depression, generalized anxiety, and movement disorder, as well as suicidal ideation, which justified a civil commitment order for six months. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 26, 2024, Case #: 23-1209, Categories: Civil Rights, health Care, commitment
J. Bishop finds the mental health board properly entered a commitment order for the involuntary treatment of the patient. The patient expressed delusions “focused on multiple rape experiences...by a lot of people...including [the] famous, psychiatrists, police officers, and animals.” His manic speech made it difficult to communicate with him. The patient contends his doctor did not provide a timeline or milestones he needed to meet; however, these concerns are dependent upon the patient's cooperation and progress, which are not predictable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 20, 2024, Case #: A-23-453, Categories: health Care, commitment, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Worthen finds the trial court properly ordered the mental health patient be involuntarily administered psychoactive medication. A treating physician offered specific testimony regarding consequences, prognosis and the absence of less intrusive treatments that are likely to produce the same results as medications. There is clear and convincing, legally sufficient evidence to support the order. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: December 14, 2023, Case #: 12-23-00243-CV, Categories: Civil Procedure, health Care, commitment
J. Kafker affirms the denial of a government commissioner’s motion to terminate a consent decree which allows some mental health facilities to use electric skin shock as a treatment on developmentally disabled individuals with severe behavioral issues. While such a treatment sounds archaic, according to some patients’ family members it can be helpful as a last resort option for patients who might otherwise engage in severe self-harming behavior, like attempting to gauge their own eyes.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: September 7, 2023, Case #: SJC-13298, Categories: health Care, commitment
J. Bell denies the department’s petition for a writ of certiorari or mandamus challenging contempt sanctions of $500 for each day it fails to accept, treatment, the criminal defendants who were deemed incompetent. The department fails to meet its burden for extraordinary relief. The record shows that it can and does comply with competency orders once a contempt order with sanctions is issued. The state’s arguments that compliance is impossible and that sanctions undermine its ability to comply lack merit. The district court had jurisdiction to hold the department in contempt and did not abuse its discretion.
Court: Nevada Supreme Court, Judge: Bell, Filed On: August 31, 2023, Case #: 85554, Categories: health Care, Sanctions, commitment
J. Korman dismisses a woman’s civil rights suit alleging the New York City police department entered her apartment without a warrant during a wellness check and involuntarily committed her to a mental health institution after determining she was mentally unfit. Her mother had called the authorities claiming she had stopped taking her medication for her bipolar disorder for the last eight months and had begun hallucinating. Her allegations that the mental health facility failed to follow the requisite procedures are contradicted by her medical records, and she fails to allege any facts that would lead a jury to believe the department failed to properly train its officers in regards to wellness checks.
Court: USDC Eastern District of New York, Judge: Korman, Filed On: August 7, 2023, Case #: 1:21cv6599, NOS: Other Civil Rights - Civil Rights, Categories: health Care, commitment, Police Misconduct
J. Cassel finds the district court properly added restrictions to the developmentally disabled patient’s treatment plan, who, in his court-ordered custody and treatment, still presents an ongoing threat of harm due to his sexual interest in children. The least restrictive alternative for treatment was found to be a shared living provider environment with no other participants and all-day supervision, including the monitoring of all electronic or telephonic communications. The court revoked internet access entirely, adding the requirement that the patient wear a GPS monitor, which he appeals. The added conditions conform to law, are supported by competent evidence and are not arbitrary, capricious or unreasonable. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: June 9, 2023, Case #: S-22-652, Categories: Civil Rights, health Care, commitment
J. Lorello dismisses this appeal of a decision of the district court, on intermediate appeal from the magistrate court, affirming an order for involuntary commitment. A physician reported that the subject, who weighed only 90 pounds at six feet tall, had “one leg swollen with maggots” and had not bathed in months at the direction of “voices.” Examiners certified that he was disabled by schizophrenia and that he refused hospitalization. He has not established a reasonable expectation that the alleged error that he consistently refused treatment will reoccur. His involuntary commitment has terminated, rendering moot the issues on appeal.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: May 25, 2023, Case #: 49496, Categories: health Care, commitment