The constitutional right to treatment has now become an accepted premise
of litigation in the United States. It lacks only the imprimatur of the
Supreme Court. The author presents a brief description of the history of
right to treatment cases and comments on the problems and possibilities the
law holds for psychiatry. He warns that psychiatric institutions must be
aware of the costs and benefits of such litigation and must obtain skilled
legal counsel to advise them of their rights and obligations. He calls on
psychiatry as a profession to participate in right to treatment litigation
and to attempt to shape legal standards so that future generations of
psychiatrists can provide appropriate care to patients.
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