A commitment law for patients, doctors, and lawyers
Abstract
The author proposes a model commitment law that balances the sometimes conflicting points of view among patients, doctors, and lawyers about this subject. Paternalism is affirmed, while safeguards are provided. It is argued that absent patient incompetency to consent to or refuse treatment, or absent an emergency, mental patients should not be treated involuntarily. The author believes that a different procedural approach is required depending on whether the patient is committed under the parens patriae or police power of the state.
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