Am J Psychiatry 1987; 144:62-67
Copyright © 1987 by American Psychiatric Association
Medicine court: Rogers in practice
J Veliz and WS James
The authors conducted a prospective study of the impact of the Rogers
decision involving patients' right to refuse treatment during the first
year (1983-1984) of its implementation in the Massachusetts facility for
the criminally insane. They learned that of the 98 cases submitted to the
probate court, only 39 were heard. The court found that 35 (90%) of the 39
patients whose cases were heard lacked competence to make treatment
decisions. Hearings occurred 2-7 months after petitions were signed by
treating physicians. In arriving at the decisions the court appeared to
rely more on reports of violent incidents than on evidence of mental
illness or testimony about competence.
