Posted by Susan J on November 21, 2003, at 12:26:58
In reply to I found a Psych advance directive form, posted by responsiblek9 on November 20, 2003, at 14:29:27
Wow, that's really interesting. I've been dealing with advance health care directives for years -- at least ones that concern physical situations. I never even thought of one directing psychiatric care.
I'm afraid I don't know anything about them, however. I think hospitals like advance health care directives when it helps make them immune to suit (i.e., if they pull the plug at my (written) direction, my relatives will have a hard time winning a malpractice case against them for *letting* me die).
In the case of psychiatric care, this might work to your advantage as well. I *don't* know how effective it would be in cases where a doctor decided to restrain a person (seclusion/meds/physical restraint), since I think that is such an exigent situation. There's really no time to *see* if someone has an advance psychiatric health care directive or not.
BUT, if you have had bad reactions in the past to a certain med, and if your directive specifically states that and forbids that drug's future use, then there is a documented record that your docs *should* have known a certain med is dangerous for you. I think that would be helpful in any legal action against the hospital/docs, although I sincerely hope you never have to find out.
If you can appoint a health care agent, I think that would be most effective. A health care agent can discuss your treatment with the docs and advise them of your needs, and show them the health care directive as necessary.
I have a copy of mine, as does my mother (my agent) and my brother. And I tell them time and time again what I want done if I'm seriously injured/sick.
Good luck. I'd be interested to know what you find out.
Susan
> http://www.bazelon.org/issues/advancedirectives/index.htm
> I found this and want to know what any of you know about the advanced Psychiatric forms . I have been thinking about doing this but I have found even though it is in the state medicaid laws and federal laws and recognized as valid under Title II of the ADA as valid as a medical advanced directive the mental health systems are very resistant to the idea of this. So wanted to see what all you knew on this . I want to be able to self advocate because of the problem of the psych facilities often ignoring the documented bad reactions to medications my medical doctor has warned them of I have had . And when I went in for treatment involuntary twice I almost paid for this problem with my life! I dont want another repeat . I could have sued the mental health system that did that to me . But they lost the dad gum records I needed to prove my case. But My med doc does know what happened and is all for this advanced psych directive and so it the therapist. But I need more info before i wade in. Anyone ???
poster:Susan J
thread:281731
URL: http://www.dr-bob.org/babble/social/20031113/msgs/282123.html