30
Healthcare Journal of Baton Rouge
| July / August 2008 Issue | healthcarejournalbr.com
hether or not you have
ever been exposed to the
process, chances are you
have some opinion on
involuntary civil commit-
ment. Moreover, that opin-
ion is probably aligned
with your position on
whose rights have been
infringed as a result. If the news reports that a recently
released psychiatric patient harmed some innocent per-
son, you might think public safety was unduly compro-
mised by allowing the release. On the other hand, if you
learn that someone was forcibly locked away despite
showing the mental and emotional capacity to return to
their own home, you might think that person was wrong-
ly deprived of liberty.
Sadly, while the former example is rare in comparison to
the latter, such instances are typically sensationalized
and become indelibly stamped in the public conscious-
ness. This in turn, serves to stigmatize those who suffer
from a mental disability. Conversely, few of us ever hear
about the multitude of individuals who are denied in their
requests for freedom. Thus, a person seeking release
from involuntary civil commitment must not only prove the
merit of his or her own case, but sometimes overcome
reluctance on the part of a clinician who is wary of poten-
tial public backlash from a perceived premature release.
The general standard for involuntary civil commitment is
whether or not the person poses a danger to self or oth-
ers. An individual's “dangerousness” is clinically evaluat-
ed by one or more psychiatrists, but accurately predicting
future harmful acts is far from an exact science. This can
lead to a conflict between doctor and patient when they
are not in agreement about the clinical evaluation. As a
consequence, the ultimate decision to continue the invol-
untary commitment or not falls under the purview of the
courts.
W
by: Robert Berding, LMHC, Executive Director for the Bureau of Regulatory Compliance and Outcomes
Management, NYC DOHMH Correctional Health Services
1773:
First American insane asylum opens in
Williamsburg, Va. and remains there today.
1774:
Franz Mesmer lays foundation for hypnosis.
An individual's “dangerous-
ness” is clinically evaluated
by one or more psychia-
trists, but accurately predict-
ing future harmful acts is far
from an exact science.