Monday, December 31, 2007
Air Force Like Program at U of Illinois and at Cornell Reduces Suicide Rate by 40%
Thursday, December 27, 2007
$13 Million To Brothers of Woman Who Committed Suicide Day After Refused Treatment for Lack of Insurance
Wednesday, December 26, 2007
Hunt for Suicide Gene
Efforts to find this gene reviewed here.
Tuesday, December 25, 2007
FDA Warning Decreases the Diagnosis and Treatment of Pediatric Depression
The Black Box Warning the FDA Failed to Put on all Anti-depressants
All anti-depressants, including the most sedative, amitriptylline, cause about 5% of patients to get agitated. This applies to dosage increases as well, even no agitation took place on lower doses.
This is a form of akathesia, from the inhibition of dopamine by increased serotonin tone in the first 24 hours.
All patients require this warning. It worsens over time, in the vast majority of people. If agitated the first or second day, stop the anti-depressant. Return to get another anti-depressant.
If someone is very depressed and suicidal, add very uncomfortable restlessness and agitation, some may injure themselves to seek relief.
A tiny number of patients, such as 1 in a 1000, reported an onset of suicidal ideas after a specific anti-depressants, long before this irresponsible warning. All in my practice, stopped the anti-depressant on their own, returned for an alternative.
Put a Black Box Warning on Families of Suicidal Youths
Monday, December 24, 2007
Ideal Performance Wrongly Called Minimal
I would have added, garbage science, as worthless in the prevention of suicide.
Sunday, December 23, 2007
Suicide Attempts Timing and Anti-depressants
This finding supports the sole method to lower the suicide rate, long term treatment.
Again, I call for the entire FDA Psychopharmacology Committee and the FDA Commissioner to resign for their irresponsible black box warnings and caving in to political pressure. These PC, craven, academic traitors to clinical care caused an increased rate of suicide in pediatric patients, especially boys under 15. These incompetents no longer belong in any responsible position.
An interested reader submits this great YouTube video. It depicts the overheated bullying of the FDA Committee by scapegoating parents, left wing ideologues, and biased partisan hacks. It lacks any rebuttal of the effects of the Committee's craven, bonehead decision. No one mentions the hundreds of deaths the decision caused, by deterring the use of anti-depressants in adolescents.
Alleged Abuser of Suicider Sues Hospital for her Suicide
Celebrity Suicide increases Depressed Patient Attempts
Traumatic Brain Injury Associated with More Suicide Attempts
Another Long Term Treatment Program Reduces Suicide
John Edwards Won a Judgment for Suicide Malpractice
Beyond Daubert or Frye to Reality
Let's stick to a standard of care testimony. The expert may properly cite studies. These are authored by academics, most often. Clinicians spread advances by word of mouth, and they get accepted or rejected within weeks. Strong remedies will become self-evident at the gut level. Weak or ineffective remedies will fail to impress and get dropped.
If the expert proposes some standard of care, e.g. heart decelerations this many times require C-Sections, should we settle for academic studies? Shouldn't we demand the expert provide his own records on the management of similarly situated patients? If the expert can only provide 3 such records, does he qualify as an expert? Can one be expert after 3 repetitions of decision making? If he can provide a dozen such records, are they the totality of the records of similar patients, and not cherry picked records agreeing with testimony? One should demand all the records of the expert, and sample them. If a record is found that contradicts the testimony, a mistrial should be called, and the legal costs of both sides should be obtained from the lying expert's personal assets.
And, yes, experts should feel intimidated. With the absurd arrogance to dictate practices to the doctors of the entire state at the point of a gun, they should take the consequences of their lying prostitution to the land pirate.
Thursday, December 20, 2007
Father Blames Army for Son's Suicide
Higher Rates of Suicide in States with More Guns
Wednesday, December 19, 2007
Sunday, December 16, 2007
Legal Malpractice Insurer Successfully Denies Coverage After Lawyer Theft and Suicide
Saturday, December 15, 2007
Low Risk of Medmal in Psychiatry
This program has Lilly as a sponsor. They make Zyprexa. Perhaps, sales have dropped from fear of litigation. Lilly would be interested in getting this message out.
I have been sued several times. In every case, I had given superior care, and achieved the aim of treatment.
I made mistakes that injured patients. I would have settled in those cases had I been sued. Never sued for any real mistakes.
This lawyer is not making the obvious point. The vast majority of cases are weak or frivolous. She would go out of the legal defense business if someone were to deter the land pirates, or made them do their job properly.
Friday, December 14, 2007
Alcoholism in Bipolar Disorder with Suicidality
Tuesday, December 11, 2007
Clueless FDA at it Again
Prison Suicide Reviewed in a Series in this Left Wing, Biased Newspaper
Wednesday, December 5, 2007
Mass Murder by Suicider, Robert Hawkins, On the Loose Thanks to the Criminal Lover Lawyer
A pro-criminal judge set this drug user, mass murdering suicider loose to kill. This judge should immediately resign, or be impeached. It is not expected that a judge will predict the future behavior of a disturbed person. It is that the judge has no competence to make psychiatric decisions about the management of present mental disorder. What is the name of the judge who set this mass murderer suicider loose on the public?
Naturally, this judge who caused this mass murder, has criminal lover, self-dealt, legal immunity. I bet 10 cents, the mall and store will get sued for premises security liability. The innocent victim of this mass murder has to pay ruinous settlements, the guilty party, the criminal lover lawyer gets off free.
I strongly urge cross claims by any defendant against each of the parties that set this violent criminal drug user loose to do what he did. I strongly urge a claim against the most responsible party, that criminal lover judge. His immunity is unconscionable, and violates the defendant's procedural due process rights. On policy grounds, piercing this horrible immunity would deter other criminal lover lawyers from endangering the public by setting loose their good pals, the violent criminals.
Monday, December 3, 2007
No Criminal Charges for Suicide After Cyberbullying
The defense should demand all electronic communications to review them for cyber-bullying. The defendant should file a cross claim against any cyber-bully and any enabler. The insurance company lawyer may refuse to attack back. The private lawyer might have to defend the rights of the defendant when the insurance defense lawyer refuses.
Sunday, December 2, 2007
Long Term Use of Anti-Depressant Reduces the Suicide Rate by Two Thirds
This doctor argues the risk of untreated depression for suicide dwarfs any risk for suicidal ideas from anti-depressants. NEJM
The irresponsible, dangerous members of the FDA Psychopharmacology Committee must resign immediately. The FDA Commissioner should be fired for failing to supervise these dangerous peddlers of garbage science, and enemies to clinical care.
Friday, November 30, 2007
Statements or Acts of Acquaintances as Unforeseen Intervening Cause of Suicide Attempt
Discovery should explore acts and statements of people in all the settings of the suicider. Trivial adverse events may set off an impulsive person. These do not have to be frustrating to the reasonable person. The suicider is not a reasonable person, by definition. In half the cases, the suicider is intoxicated.
The defendant cannot reasonably foresee, nor control the statements of others, cannot control the over-reaction of the suicider, most of whom have a psychiatric disorder, half of whom are intoxicated.
Intoxication, and its adverse effects on relationships, conduct, and reactions to others, is itself, an unforeseen, intentional, uncontrollable intervening cause.
Wednesday, November 28, 2007
Lawless Clinician Haters on Licensing Board Should Be Removed by the Governor
I urge all doctors to sue the members of any licensing board for any intentional interference with the contracts the doctor has with patients, insurance carriers, and any employer. These clinician haters should be sued as individuals in Section 1981 claims, if the doctor qualifies for any of its protected classes, including age, sex. For example, it is possible the hunt is on for the white male, by the lawyer on these licensing boards.
Saturday, November 24, 2007
Center for Suicide Prevention at U Penn Med School
Friday, November 23, 2007
Rage as Motive for Murder-Suicide
Another Peddler of Garbage Science in Suicide Litigation
1) fails to state the vast majority of suicide claims are weak or frivolous, and the defense bar is doing nothing to deter the plaintiff bar;
2) there is no correlation between the quality and extensiveness of records correlates with harm to patients. The sole aim of these lawyer rules and regulations is to intimidate the clinician;
3) the standard assessment in articles, guidelines cited are garbage science. No promulgator of such assessment has been able to provide evidence they have ever prevented a suicide.
Many Bizarre Deaths Self-Inflicted
Words Precipitate a Tragic Suicide
Saturday, November 17, 2007
Japanese Suicide Remains High
Suicide of Child After Internet Criticism
Saturday, November 10, 2007
Prof. Jan Fawcett on Black Box Suicide Warning for SSRI
In girls ages 10 to 14, suicide increased 76%, and in girls 15 to 19, 32%, in 2004 after the above FDA black box warning.
Wednesday, November 7, 2007
Another Hate Filled Suicider Kills Many Children and a Principal First
Sunday, November 4, 2007
Court Cannot Settle a Clinical Controversy
In this review, the always even handed, up to date, and reasonable, Dr. Henry Nasrallah calls the assessment of suicide rick, controversial. Once that word is used, all litigation involving assessment are frivolous per se. The court has no competence to settle a medical controversy. That settling requires scientific data and not the fairy tale spinning, and overheated persuasion of a trial.
Saturday, November 3, 2007
Hesitation to Sign a Safety Contract Not a Basis to Keep an Inpatient
"... discharge team had departed from accepted standards of psychiatric care by failing carefully and competently to evaluate decedent following the discussion of the contract for safety at the March 8, 2001 discharge meeting. They concluded that such departure deprived decedent of a substantial possibility of avoiding suicide on March 14, 2001. Specifically, plaintiff testified that during the March 8, 2001 meeting, decedent "hesitated" when asked whether he would contract for safety with her. In its verdict, [*2]the jury found that the failure to reevaluate the discharge plan following decedent's "hesitation" constituted a deviation from accepted medical practice. We disagree."
Then, ""The prediction of the future course of a mental illness is a professional judgment of high responsibility and in some instances it involves a measure of calculated risk. If a liability were imposed on the physician or the State each time the prediction of future course of mental disease was wrong, few releases would ever be made and the hope of recovery and rehabilitation of a vast number of patients would be impeded and frustrated." (Centeno v City of New York, 48 AD2d 812, 813 [1975], affd 40 NY2d 932 [1976].)"
Where is the evidence from the plaintiff expert that any reassessment, or that keeping the patient an inpatient for weeks or months more would have prevented this suicide? The trial court permitted garbage science. It is unfortunate that the court fails to name the experts, so they may be held accountable.
Monday, October 1, 2007
Example of Motion to Disqualify an Expert
Lawyer Takes Flying Leap from Hospital Window
Wednesday, September 26, 2007
Wednesday, September 12, 2007
Gun Ownership Does Not Correlate with Suicide Rates
Friday, September 7, 2007
Suicidality Correlates With Quality of Life Rating
It showed only quality of life scores predicted suicidality, but not performance skills, social skills, nor medication management skills.
Thursday, September 6, 2007
Suicide Rate Increases for Girls
Tuesday, September 4, 2007
Survey Shows Black Box Warning Deters 40% of Clinicians
Monday, August 27, 2007
Articles on Suicide
Decision making in suicidal patients was tested with a standardized gambling test. Subjects learn to defer immediate rewards to get long-term rewards. Their score correlated with interpersonal difficulties in the affective domain. (J Affect Disord 99:59-62, 2007)
Patients over 50 with major depression had more impulsive suicide attempts with cognition problems, disability, and impaired self-care. They prepared for a suicide more often when older, isolated or living alone. (J Affect Disord 97:123-128, 2007)
Blacks do not have lower rates of suicidality. The lifetime prevalence of attempts was 4.1%, for suicidal ideas, 11.7%. In the first year of ideas, 77% progressed to an attempt. Increased risk associated with a younger cohort, lower educational attainment, living in the Midwest. These rates are those of the general population, and not lower. (JAMA 26:2112-2123, 2006)
Compared to depressed controls, adult patients with depression and a history of child abuse more often attempted suicide, got rated as impulsive and aggressive. Those who attempted suicide (71% v. 43% in the control group), had higher scores for impulsivity and aggression. (Am J Pscyhiat 158:1871-1877, 2001)
Of over 3000 female twins, ages 13 to 19, 4% reported attempting suicide before age 17. About half the attempters and a twelfth of the non-attempters had depression. Other risk factors included childhood physical abuse, social phobia, alcohol dependence, being black, and having conduct disorder. Risk increased 4 to 10 fold if a relative had died of suicide. The identical twin concordance rate was 25%, and 13% for dizygotic twins. Aside from psychopathology association with suicide, a familial link exists. (J Am Acad Child Adol Psychiat 40:1300-1207, 2001)
The highest levels of suicidal ideas take place in bipolar patients during the mixed phase. Age and depth of depression predicted suicide attempts. Anxiety did not. Patients did not make suicide attempts during mania. (J Affect Disord 2007; 97:101-107)
Among depressed patients, 16% reported prior suicide attempts. These were less educated, less likely married, more likely unemployed, with more substance abuse, co-morbidities, and PTSD. They had earlier onsets, increased severity, more episodes, and greater risk of suicidal behavior than the other depressed patients. (J Affect Disord 97:77-84, 2007)
A quarter of elderly depressed patients had suicidality. In half the suicidal patients, suicidality resolved after a month. In a quarter, it emerged late in treatment. About a quarter never experienced suicidality at any time. Suicidal and non-suicidal patients had equal severity of depression. The suicidal group has more anxiety, earlier onsets, more low self-eateem, and partial or no response to treatment. (J Affect Disord 2007; 98:153-161)
Anxiety symptoms associated with suicidal ideation in bipolar patients. It was ruminations, especially, that best linked to suicidal ideation. (J Affect Disord 97: 91-99, 2007)
At risk youth endorsed maladaptive coping strategies, increasingly more often with increasing risk factors. They avoided help seeking behavior. Such thinking requires persuasion during psychotherapy to change coping reactions. (J Am Acad Child Adol Psychiat 43:1124-1133, 2004)
Suicide rates peak in May, are lowest in February. Season represents a risk factor for suicide. Sunspot activity and geomagnetic field change did not. (J Affect Disord 81:133-139, 2004).
Among very depressed patients, these features predicted a higher risk of suicide attempt: a history of suicide attempt, subjective ratings of depression severity, cigarette smoking, aggression or impulsivity. (Am J Psychiat 161:1433-1441, 2004).
Dating Violence Increases the Risk of Suicidal Behavior by Girls by 60%
Defendants in a suicide malpractice lawsuit might consider a cross-claim against any dating abuser for increasing the risk of suicide of the victim.
Dr. Andrew Leon and the Rest of the Irresponsible FDA Advisory Committee, Resign Now, Take the FDA Commissioner With You.
He fails to adequately address the catastrophic deterrence of family doctors and general practitioners from prescribing SSRI's. With the sole measure that reduces suicide being long term treatment of the underlying condition, fewer people will get treated, and more will commit suicide. He dismisses the excess of 100's of children and adolescents who committed suicide since the irresponsible warning issued in 2003. "The public health experiment has just begun," he retorts. Nice to know the families that needlessly lost a loved one thanks to his irresponsible vote were participating in an experiment.
Thursday, August 23, 2007
Gastric Bypass Surgery Tripled the Suicide Rate
In the prior article on the mortality results in a Swedish sample, suicide was not addressed specifically. There were fewer non-cardiac, non-cancer deaths in the surgery group.
The finding of excess suicide should be confirmed in other studies.
Friday, August 17, 2007
Why Patients Sue
As reviewed in Physician Protect Thyself, by Alan G. Williams, JD, Margol, Denver, CO, 2007. Pp. 23-30. They felt deserted. They felt their concerns were not taken seriously enough. Providers failed to convey information well enough. They felt the provider did not understand them. They cited poor communication after an adverse event and an attempt to cover it up. They filed a lawsuit to find out more.
Arch Phys Med Rehabil. 2007 May;88(5):589-96. What patient attributes are associated with thoughts of suing a physician? Fishbain DA, Bruns D, Disorbio JM, Lewis JE.
RESULTS: The highest percentage (11.5%) of patients affirming the S-MD statement were those involved in workers' compensation and personal injury litigation, compared with only 1.9% of community-living subjects. Stepwise regression of BHI 2 variables produced a 13-variable model explaining 38.04% of the variance. A logistic regression of demographic variables (eg, education, ethnicity, litigiousness) explained 20% of the variance. CONCLUSIONS: Anger (P<.001), mistrust (P<.001), a focus on compensation (P<.001), addiction (P<.001), severe childhood punishments (P<.001), having attended college (P<.001), and other patient variables were associated with thoughts of suing a physician.
N Engl J Med. 2006 May 11;354(19):2024-33. Claims, errors, and compensation payments in medical malpractice litigation. Studdert DM, Mello MM, Gawande AA, Gandhi TK, Kachalia A, Yoon C, Puopolo AL, Brennan TA.
RESULTS: For 3 percent of the claims, there were no verifiable medical injuries, and 37 percent did not involve errors. Most of the claims that were not associated with errors (370 of 515 [72 percent]) or injuries (31 of 37 [84 percent]) did not result in compensation; most that involved injuries due to error did (653 of 889 [73 percent]). Payment of claims not involving errors occurred less frequently than did the converse form of inaccuracy--nonpayment of claims associated with errors. When claims not involving errors were compensated, payments were significantly lower on average than were payments for claims involving errors (313,205 dollars vs. 521,560 dollars, P=0.004). Overall, claims not involving errors accounted for 13 to 16 percent of the system's total monetary costs. For every dollar spent on compensation, 54 cents went to administrative expenses (including those involving lawyers, experts, and courts). Claims involving errors accounted for 78 percent of total administrative costs. CONCLUSIONS: Claims that lack evidence of error are not uncommon, but most are denied compensation. The vast majority of expenditures go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant.
N Engl J Med. 1996 Dec 26;335(26): Relation between negligent adverse events and the outcomes of medical-malpractice litigation. Brennan TA, Sox CM, Burstin HR.
RESULTS: Of the 51 malpractice cases, 46 had been closed as of December 31, 1995. Among these cases, 10 of 24 that we originally identified as involving no adverse event were settled for the plaintiffs (mean payment, $28,760), as were 6 of 13 cases classified as involving adverse events but no negligence (mean payment, $98,192) and 5 of 9 cases in which adverse events due to negligence were found in our assessment (mean payment, $66,944). Seven of eight claims involving permanent disability were settled for the plaintiffs (mean payment, $201,250). In a multivariate analysis, disability (permanent vs. temporary or none) was the only significant predictor of payment (P=0.03). There was no association between the occurrence of an adverse event due to negligence (P = 0.32) or an adverse event of any type (P=0.79) and payment. CONCLUSIONS: Among the malpractice claims we studied, the severity of the patient's disability, not the occurrence of an adverse event or an adverse event due to negligence, was predictive of payment to the plaintiff.
Med Care. 2000 Mar;38(3):250-60. Negligent care and malpractice claiming behavior in Utah and Colorado. Studdert DM, Thomas EJ, Burstin HR, Zbar BI, Orav EJ, Brennan TA.
RESULTS: Eighteen patients from our study sample filed claims: 14 were made in the absence of discernible negligence and 10 were made in the absence of any adverse event. Of the patients who suffered negligent injury in our study sample, 97% did not sue. Compared with patients who did sue for negligence occurring in 1992, these nonclaimants were more likely to be Medicare recipients (odds ratio [OR], 3.5; 95% CI [CI], 1.3 to 9.6), Medicaid recipients (OR, 3.6; 95% CI, 1.4 to 9.0), > or =75 years of age (OR, 7.0; 95% CI, 1.7 to 29.6), and low income earners (OR, 1.9; 95% CI, 0.9 to 4.2) and to have suffered minor disability as a result of their injury (OR, 6.3; 95% CI, 2.7 to 14.9). CONCLUSIONS: The poor correlation between medical negligence and malpractice claims that was present in New York in 1984 is also present in Utah and Colorado in 1992. Paradoxically, the incidence of negligent adverse events exceeds the incidence of malpractice claims but when a physician is sued, there is a high probability that it will be for rendering nonnegligent care. The elderly and the poor are particularly likely to be among those who suffer negligence and do not sue, perhaps because their socioeconomic status inhibits opportunities to secure legal representation.
Wednesday, August 15, 2007
Suicide Assessment Garbage Guidelines
If any defendant finds himself facing these guidelines in a complaint or in discovery, I would appreciate an email from the defense attorney.
Monday, August 13, 2007
Authentication of E-Mail in E-Discovery
Friday, August 10, 2007
Suicide in Bipolar Patients Tied to Being Male and Anxious
Wednesday, August 8, 2007
Las Vegas Has the Highest Suicide Rate; Seniors Lead the Way
Sunday, July 29, 2007
Driving Out Peds Will Also Increase Chronicity
The longer the patient stays sick, the longer the toxic effects of the illness impact the brain. Such patients are harder to treat, more treatment resistant, take longer to recover. Suicide is only one fatal outcome of depression. The other is increased risk for heart disease and for sudden death.
The irresponsible FDA black box warning, by causing delays in the treatment of mild patients may result in greater chronicity of depression, and its associated medical consequences, including sudden death rate. The increase in sudden death may turn out to exceed the increase in the suicide rate.
Saturday, July 28, 2007
FDA Black Box Warning and Increase in Teen Suicide
As a result of such warnings, pediatricians and general practitioners decreased their prescribing of the SSRI's. Psychiatrists, with more knowledge and confidence, ignored this idiotic black box warning. As a result of the decrease in total prescriptions to adolescents, the suicide rate stopped dropping, and for the first time in decades, increased. There have been 100's of needless, excessive suicides in teens, as a result.
Now, if one my decisions kills 100's of people, I should resign from my job. No? I made that point to a friend on that FDA Advisory Committee.
He replied. The Committee faced 80 raucous, threatening witnesses with extreme views. These included left wing ideologue doctor wackos. They included grieving parents blaming SSRI's for their child's suicide. They included parents of Columbine victims blaming SSRI's for the massacre.
The Committee faced loud calls for the banning of SSRI's entirely. The black box warning represented a middle ground decision made in the face of horrendous bullying.
The irresponsible bullies and wackos who testified now have blood on their hands. Beyond the few children murdered at Columbine, these vicious, bullying, scapegoating, misleading Columbine parents now assassinated a number of children 100's of times greater than the Columbine mass murderers.
SSRI's boost serotonin. It inhibits dopamine. Dopamine inhibition causes restlessness and an irritated mood that are very uncomfortable. People punch walls, drive at 120 mph, and can't stop yelling in order to get relief. If one has not been warned of agitation as a side effect, and one is depressed and impulsive, one does not tolerate the discomfort.
One should warn patient that 1 in 30 patients gets agitated, most likely the first day, and that the drug should be stopped.
Is there such a really useful warning to that effect? No.
When left wing ideologue doctor wackos, and vicious, vengeful parent bullies prevail at a hearing, 100's of innocent teens die, and the really useful warning does not appear.
Sunday, July 8, 2007
Saturday, July 7, 2007
Suicide Double in Women with Breast Implants
Tuesday, July 3, 2007
Timing of Treatment and Suicide Attempts
The study also implies, the course of depression determines the rate of suicide attempts. At long periods of treatment and improvement progress, the attempt rate decreases. The study rebuts any assertion that anti-depressants cause suicide attempts.
A reasonable editorial adds perspective.
Monday, July 2, 2007
Victim of Hate Crime Commits Suicide
Bullying may contribute to suicide in children and in adults.
Sunday, July 1, 2007
The Plaintiff Legal Case
1) Mentally ill patients receive negligent care for their life threatening behavior. The foreseeable result is death. Should the court allow defenses of contributory negligence or assumption of the risk when patients die from the very behaviors for which they sought treatment? The courts have said, no. (Brandvain v. Ridgeview Inst., Inc., 372 S.E.2d 265. Ga. Ct. App. 1988, and McNamara v. Honeyman, 546 N.E.2d 139. Mass. 1989).
2) A New Jersey patient flung herself from a height in the hospital. The defense appealed the failure of the judge to give the jury an instruction on the contributory negligence defense. The appellate court found, contributory negligence, in any sense, was not a relevant issue. The duty to exercise reasonable care to prevent her from engaging in self-damaging conduct; because it would serve to excuse defendants’ own failure to exercise reasonable care, such conduct by the plaintiff could not be the basis of a contributory negligence defense." Cowan v. Doering, 522 A.2d 444, 450. N.J. Super. Ct. App. Div. 1987. "The acts which plaintiff’s mental illness allegedly caused him to commit were the very acts which defendants had a duty to prevent, and these same acts cannot, as a matter of law, constitute contributory negligence."
The concurring appellate courts of other states want to prevent, "strict nonliability" for mental health care professionals. They "recognized a "special relationship" between mental health patients and professionals who are deemed to have training and expertise that enables them to detect mental illness or the potential for suicide and who have the power or control necessary to prevent attempts at suicide,... so long as the suicide was reasonably foreseeable, and the defendants breached the applicable standard of care."
The plaintiff lawyer authors assert, "With the assistance of expert testimony, the plaintiff attorney should be able to explain that a mentally ill person can be expected to care for himself or herself only to the extent that the patient’s diminished capacity permits. As the suicidal patient’s capacity decreases, the medical provider’s responsibility increases."
Then, the lawyers state, "A competent psychiatrist will take an extensive history of the patient and make an assessment of all the risk factors in the context of the other current psychiatric symptoms before agreeing to a discharge. If the doctor makes a cursory assessment and, as is often the case today, simply discharges the patient because of pressure from a managed care company, that psychiatrist may be liable for malpractice. If the assessment is done properly, in the vast majority of cases, suicide can be prevented."
They propose excluding jurors who believe in personal responsibility for one's intentional acts, or that suicide is a sin.
From Law and the Mental Health System, 4th Ed., by R. Reisner, C. Slobogin, A. Rai, West, St. Paul, MN. pp. 729-731.
The prediction of violence has an 80% false positive rate. The lawyer argues that predictive studies also result in intervention, preventing the violent act. The overwhelming majority of patients attempting suicide were glad someone stopped them. The suicide attempt is an attempt to improve one's life. The degree of compentency is irrelevant. The burden of proof is "clear and convincing" (about 2 of 3 times likely). There is no right to commit suicide, and the liberty to do so does not fall under the protection of the Due Process Clause. Nor is any right to receive assistance in doing so (Washington v Glucksberg, 521 U.S. 702, 117 S.Ct. 2258, 2269, 2271, 138 L.Ed. 2d 772 (1997)).
Wednesday, June 27, 2007
Preparation with the Defense Expert
Appellate Decision on Abusive Depositions
Tuesday, June 26, 2007
Monday, June 25, 2007
Attorney Flops Around on VTech Shootings
Get the lawyers out of the running of psychiatry. Reverse, by Federal statute, the abomination of the Supreme Court decision that qualified the murderer for care after he murdered 32 people and himself so that Shuman's lawyer friends can have more jobs.
The sole effective remedy that prevents suicide is long term treatment, and compliance with such.
Saturday, June 23, 2007
Friday, June 22, 2007
Clueless Forensic Psychiatrists
Here is a clue, Dr. Pinkert. This paranoid schizophrenic could not be forced into treatment until he committed his murders and suicide. Now, he qualifies for treatment.
If you loved this massacre, thank the rent-seeking lawyers on the Supreme Court. They took over the governance of psychiatry to generate jobs for three lawyers every time a dangerous mental patient refused care. There were no abuses to remedy. There was lawyer unemployment to remedy. In order to commit a person, one must now show imminent dangerousness. One must have a lengthy hearing. During the hearing, the prosecutor will prosecute. The defense lawyer will defend. And, a magistrate, yet another unemployed lawyer, will decide the clinical need of this dangerous mental patient, without the slightest knowledge of psychiatry. So three lawyers can pursue the rent, hundreds of victims get murdered. Thousands of mentally ill people commit preventable suicide, each year.
The pro-lawyer rent seeking members of this organization still wonder about the meaning of this massacre. The public sees the obvious. They demand changes in this Supreme Court horrible, lawyer full employment, rent seeking abomination.
Still Waiting
Wednesday, June 20, 2007
Mission
To end lawsuits for suicide because they contradict the modern, multi-factorial understanding of the causes of suicide, and indirectly hurt many unseen patients. The sole claim for suicide with merit involves assisting the suicide in violation of law.
This site is for defendants and defense lawyers in suicide malpractice suits, to improve defense expert testimony, perhaps to reduce losses in adverse settlements or verdicts.
These settlements and judgments devastate the practice of psychiatry. They cause the needless incarceration of thousands of suicidal patients without proof of benefit. The resulting defensive treatments consume a large fraction of the budget for wasteful treatment and starve proven preventive measures. These lawsuits are also morally wrong. They extort money from the party least influential in the many factors causing the suicide of the victim, the clinician trying to help. If they continue, the most suicidal and neediest patients will be avoided.
Explaining modern, multi-factorial understanding of the causes of suicide in plain language may result in more common sense judgments from jurors. The defendant may also prosecute, with licensing boards and in court, attorneys promulgating "junk science." The frivolous, malpractice lawsuit, because of profound, indirect impact on medical costs and life threatening errors, is another serious ethical lapse.
In systems closed to attorneys (e.g. the military), the rate of suicide may be cut by a large fraction reliably, quickly, at almost no additional expense.