Unjustified psychiatric commitment undoubtedly is serious. It causes various psychological adverse effects in persons who are unjustly put into involuntary psychiatry treatment.
What is Unjustified Psychiatric Commitment?
An unjustified psychiatric commitment is a situation where individuals who are mentally sound are put in a psychiatric unit involuntarily. Therefore, they are kept there for treatment without a definite explanation to it or the necessary evidence supporting that the treatment is required. The Baker Act infringes upon people’s right to choose and may lead to involuntary detention. Similarly, detention and loss of freedom, disempowerment, and unforced medical procedures take place.
3 Reasons Why It’s Unjustified
Let’s explore what unjustified psychiatric commitment entails, three reasons why it can occur, and the importance of seeking help from a professional if you believe you have been unjustly committed.
● Lack of Due Process
In some cases, the loss of freedom may be forced on a patient. In addition, some go through forced evaluation without an attorney before a court issues a commitment order. Additionally, it usually means patients are committed after a hearing that wasn’t sufficiently noticed to loved ones. The right to legal representation isn’t present at the examination phase.
● Misdiagnosis or Overdiagnosis
Psychiatric commitment is a possible injustice outcome of because of wrongly diagnosing mental disorders or too quickly making a psychiatric diagnosis. However, it may also be an accident. Similarly, an error can occur if there is a correct diagnosis of a mental illness, but an individual does not pose a danger to him or herself.
● Abuse of Power
Abuse of power or authority can cause unreasonable commitment in some cases by those working in psychiatry, law enforcement, or even from members of the whole team involved in the commitment procedure. These abuses include coercive, intimidating, or manipulating approaches. Sometimes, people are made to undergo psychiatric treatment for purely economic reasons.
Why to Get Help from a Professional
Going through unjustified psychiatric commitment is not easy. In that case, there is help from a professional who deals with mental health law or advocacy. An experienced attorney will appraise your case and offer legal advice. Besides, a mental health expert can also check the commitment and create documentation to help an individual get discharged quickly.
Stuck with Unjustified Psychiatric Commitment?
If you or a loved one has been suffering due to psychiatric commitment, don’t hesitate to seek legal assistance from a trusted advocate. Contact Talmadge Law Firm today to schedule a consultation with our experienced mental health law attorneys.
