open access

Vol 7, No 1 (2010)
Case report
Published online: 2010-03-24
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Expressing an opinion in incapacitation cases - description of the case

Ewa Kordyjak-Starczewska, Aleksander Araszkiewicz
Psychiatria 2010;7(1):33-37.

open access

Vol 7, No 1 (2010)
Prace kazuistyczne
Published online: 2010-03-24

Abstract

This research work describes two instances of expressing opinions in incapacitation cases. The first instance refers to a man suffering from schizophrenia and being addicted to amphetamine and cannabinol. The other man is diagnosed with alcohol hallucinosis in the course of alcohol dependence. These are examples in which the symptoms of a mental disease and drug dependence do not have to incline the psychiatrist to express an opinion that the decision of a patient’s incapacitation is rightful ( the authors’ reminder — the decision of incapacitation is taken by the Court, the psychiatrist decides how the patient’s mental condition affects his behaviour). Not until the evidence shows that the patient, because of the symptoms of the disease, is unable to conduct his behaviour in the proper way or makes decisions that are legally unfavourable for the patient and exacerbation of the psychotic symptoms is strong enough and long-lasting (they do not predict functioning improvement), the psychiatrist is entitled to express such an opinion. The authors also tried to present the importance of additional information acquired during the process of expressing opinions, i.e. opinions acquired from the proposers of the motion, which allow to decide in case of doubts relating to the fact how incapacitation could help the patient in functioning.
Psychiatry 2010; 7, 1: 33-37

Abstract

This research work describes two instances of expressing opinions in incapacitation cases. The first instance refers to a man suffering from schizophrenia and being addicted to amphetamine and cannabinol. The other man is diagnosed with alcohol hallucinosis in the course of alcohol dependence. These are examples in which the symptoms of a mental disease and drug dependence do not have to incline the psychiatrist to express an opinion that the decision of a patient’s incapacitation is rightful ( the authors’ reminder — the decision of incapacitation is taken by the Court, the psychiatrist decides how the patient’s mental condition affects his behaviour). Not until the evidence shows that the patient, because of the symptoms of the disease, is unable to conduct his behaviour in the proper way or makes decisions that are legally unfavourable for the patient and exacerbation of the psychotic symptoms is strong enough and long-lasting (they do not predict functioning improvement), the psychiatrist is entitled to express such an opinion. The authors also tried to present the importance of additional information acquired during the process of expressing opinions, i.e. opinions acquired from the proposers of the motion, which allow to decide in case of doubts relating to the fact how incapacitation could help the patient in functioning.
Psychiatry 2010; 7, 1: 33-37
Get Citation

Keywords

Incapacitation; schizophrenia; drug dependence; alcohol dependence; alcohol hallucinosis

About this article
Title

Expressing an opinion in incapacitation cases - description of the case

Journal

Psychiatria (Psychiatry)

Issue

Vol 7, No 1 (2010)

Article type

Case report

Pages

33-37

Published online

2010-03-24

Bibliographic record

Psychiatria 2010;7(1):33-37.

Keywords

Incapacitation
schizophrenia
drug dependence
alcohol dependence
alcohol hallucinosis

Authors

Ewa Kordyjak-Starczewska
Aleksander Araszkiewicz

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