State Board Can Insist as Condition for Reinstating a License to Practice Medicine That a Physician Submit to a Psychiatric Exam by Medical Professional Pre-Approved by the Board; Ruling Not Disturbed

Mills v. Nolan, No. PC 01-4153 (RI. Super. Ct. Nov. 13, 2003), cert. denied, 125 S. Ct. 1304 (U.S. 2005)

A Rhode Island court upheld a decision by that state's Board of Medical Licensure and Discipline (Board) that a physician was not fit for practice and could only apply for reinstatement after she had undergone a psychiatric examination by a medical professional pre-approved by the Board.  The physician had argued that she was willing to be examined by a psychiatrist, but not one who was subject to the Board's control.  The court rejected this argument and concluded that she was required to comply with the Board's order and that her license could be suspended until she satisfied the Board's requirement...

Found in DMHL Volume 24 Issue 2

Dismissal of Lawsuit Asserting Licensure Testing Procedure for Professionals Violated ADA for Failing to Reasonably Accommodate Examinees Mental Disability Reversed, Remanded for Further Consideration

Feaster v. Florida, 846 So. 2d 1238 (Fla. Dist. Ct. App. 2003), vacated & remanded for further consideration in light of Tennessee v. Lane (2005)

Many professionals, including physicians, nurses, psychologists, social workers, and attorneys, are required to be licensed in the state in which they desire to provide services. Title II of the Americans with Disabilities Act (ADA) prohibits states from discriminating on the basis of a disability in providing access to their services, programs, or activities...

Found in DMHL Volume 24 Issue 2

Privatization by Puerto Rico of Prison Inmates' Medical and Mental Health Services Upheld for the Time Being; Ruling Not Disturbed

Feliciano v. Rullan, 378 F.3d 42 (1st Cir. 2004)

Since the 1970s, class action lawsuits have been brought against many states challenging the medical and mental health care provided in their correctional systems.  In part because many of these lawsuits deeply enmeshed the federal courts in the supervision of prisons and jails for an extended period of time, Congress enacted the Prison Litigation Reform Act (PLRA) in 1996 to curb the involvement of the federal courts in day-to-day prison  management...

Found in DMHL Volume 24 Issue 2

Death Sentence Reversed Because Prosecution Failed to Provide Defense with a Parole File Containing Exculpatory Mental Health Evidence; Ruling Not Disturbed

Head v. Stripling, 590 S.E.2d 122 (Ga. 2003)

In Brady v. Maryland (1963), the U.S. Supreme Court established that the prosecution has a responsibility to provide the defense with material, exculpatory evidence in its possession and that a failure to do so is grounds for overturning a conviction. Questions have periodically arisen over when this responsibility to disclose extends to evidence pertaining to the defendant's mental status...

Found in DMHL Volume 24 Issue 2

Teacher Claimed Constitutional Rights Violated When Arresting Police Officers Failed to Adequately Question Credibility of Special Needs Student Who Asserted Teacher Sexually Fondled Him

Forest v. Pawtucket Police Dep't, 377 F.3d 52 (1st Cir. 2004)

In Rhode Island, a high school special education teacher was arrested for the alleged sexual assault of a 15-year-old male student during class. On the day of the purported incident, the student had gone to the principal's office and claimed that the teacher had touched him in a sexual manner during class. That evening the student and his mother went to the local police department and filed a complaint against the teacher. Police officers interviewed and reinterviewed the student and his mother, as well as the school principal, who confirmed that the student had come to his office with his complaint...

Found in DMHL Volume 24 Issue 2

Mentally Retarded Defendant Incompetent to Waive Miranda Rights and Confess to Murders; Ruling Not Disturbed

Illinois v. Braggs, 810 N.E.2d 472 (Ill. 2004)

The Illinois Supreme Court reversed the conviction of a criminal defendant who was mentally retarded after it found that she was incompetent to waive her Miranda rights.  As a result, the confessions she had given the police were suppressed and a new trial was required if the state wished to continue to prosecute her for a pair of murders that occurred in a Chicago apartment where she was present...

Found in DMHL Volume 24 Issue 2

Child Sexual Abuse Victims Can Be Required to Undergo a Mental Health Evaluation to Determine Credibility of the Report of Abuse; Ruling Not Disturbed

In re Michael H., 602 S.E.2d 729 (S.C. 2004)

Because criminal charges of sexual assault often center on the reports of the purported victim, the credibility of these reports is often critical.  Defendants in such cases may seek a mental health evaluation of the victim to determine whether there is reason to question the credibility of the report. Victims' advocates, concerned that such evaluations may place the victims and their mental state "on trial," often object to these court-ordered mental health evaluations. The courts have wrestled with how to resolve this conflict, particularly when the purported victim is a minor...

Found in DMHL Volume 24 Issue 2

Death Penalty for Juveniles Convicted of Murder Held to Be Unconstitutional Because a National Consensus Opposes Its Use and Juvenile Offenders Are Less Culpable Than Adults

Roper v. Simmons, 125 S. Ct. 1183 (2005)

The Supreme Court ruled in a 5-to-4 decision that it is unconstitutional to impose the death penalty on convicted murderers who were younger than 18 at the time of the crime. The Court concluded that such executions violate the Eighth Amendment's prohibition of "cruel and unusual punishments."...

Found in DMHL Volume 24 Issue 2

Defendant Who Received Direct Command from God to Murder Is Unsuccessful in Raising Deific Decree Defense Because the Command Did Not Overcome His Cognitive Ability to Tell Right from Wrong

State v. Turgeon, 120 Wash. App. 1050 (2004)

Most states offer an insanity defense to defendants accused of committing a crime, although the nature of that defense varies somewhat from state to state. The State of Washington has adopted the M'Naghten test and will find a defendant legally insane if the defendant can establish that as a result of mental disease or defect the defendant was unable to perceive the nature and quality of the act or was unable to tell the difference between right and wrong with respect to the particular act charged...

Found in DMHL Volume 24 Issue 1

New York Antidiscrimination Insurance Law Does Not Require Parity in Coverage for Physical and Mental Disabilities

In re Polan v. New York Ins. Dep't, 814 N.E.2d 789 (NY 2004)

Efforts have been launched across the country to enhance the benefits available to individuals with a mental illness under employer-provided health care plans.  Such plans often include long-term disability insurance coverage that provides income or other benefits for an employee that becomes disabled.  For a physical disability, this coverage may last as long as the disability continues or until the age of 65 when Social Security and Medicare benefits become available.  For a mental disability, however, this coverage may be limited to a given period of time, such as two years, notwithstanding that the mental disability may be chronic and leaves the individual unable to work...

Found in DMHL Volume 24 Issue 1

NM Permits Defendant to Assert at Pretrial Hearing That Mental Retardation Precludes Death Penalty; If Not Established at This Hearing, Defendant Can Introduce Related Evidence During Sentencing Phase

State v. Flores, 93 P.3d 1264 (2004)

State courts continue to wrestle with the implementation of the U.S. Supreme Court's ruling in Atkins v. Virginia, 536 U.S. 304 (2002), which established that a mentally retarded defendant cannot receive the death penalty under the Constitution....

Found in DMHL Volume 24 Issue 1

Mental Health Care Provider Not Liable for Negligent Hiring of Employee Who Later Raped Patient at Residential Treatment Facility

Munroe v. Universal Health Servs., Inc., 596 S.E.2d 604 (Ga. 2004)

In part because relatively low wages are typically offered, it can be a challenge to find qualified staff to provide care to individuals with a mental disorder. When a staff member abuses these individuals, the question may arise whether the employer can be liable for having hired the person in the first place....

Found in DMHL Volume 24 Issue 1

Patient Confidentiality Not Violated When Physicians in Same Medical Office Communicated About Patient's HIV Status

Suesbury v. Caceres, 840 A.2d 1285 (D.C. 2004)

The District of Columbia, where this case arose, has recognized the tort of breach of the confidential physician-patient relationship.  A patient, who was HIV positive, brought a lawsuit against a physician and his medical office, claiming such a breach.  The claim arose when one of the patient's doctors sent a memorandum to another doctor within the medical office regarding a claim by the patient that the second doctor had sexually molested him.  The memo disclosed that the patient's HIV status had recently deteriorated...

Found in DMHL Volume 24 Issue 1

Psychiatrist and Psychologist Not Liable for Traffic Accident That Occurred When Patient Fell Asleep While Driving After Taking Prescription Medication

Weigold v. Patel, 840 A.2d 19 (Conn. App. Ct. 2004), cert den. 847 A.2d 314 (Conn. 2004)

In 1997, a registered nurse fell asleep at the wheel and struck another vehicle head on, killing the driver of that vehicle.  Initially, a wrongful death action was brought against the nurse...

Found in DMHL Volume 24 Issue 1

Mentally Disabled Son Can Recover Damages for Wrongful Death of His Father, Even Though He Believes His Father Is Still Alive

Knowles v. Superior Court of San Diego County, 13 Cal. Rptr. 3d 700 (Ct. App. 2004)

A California man died four days after a surgical procedure.  The man's family asserted that the death was the result of professional medical negligence during the surgery and filed a wrongful death action. One of the man's sons is mentally disabled due to a head injury and as a result believes his father is still alive.  Nevertheless, through his guardian ad litem, this son joined in the lawsuit.  In response, the defendant argued that because this son believed his father was alive, he had suffered no damages from his father's death and thus was not entitled to pursue this claim...

Found in DMHL Volume 24 Issue 1

Psychotherapist Alerted by a Patient's Immediate Family of a Threat by the Patient Can Be Held Liable for Failing to Warn the Patient's Victim; Expert Testimony Not Required to Establish Liability

Ewing v. Northridge Hosp. Med. Ctr., 16 Cal. Rptr. 3d 591 (Cal. Ct. App. 2004)

Tarasoff v. Regents of Univ. of California, 551 P.2d 334 (1976), the first judicial opinion to rule that a psychotherapist may have a legal duty to take reasonable steps to protect a third party who has been threatened by the psychotherapist's  patient, reverberated across the country.  A number of states, including California and Virginia, enacted legislation to specify more clearly when this duty arises...

Found in DMHL Volume 24 Issue 1

Law enforcement and health care providers at hospital emergency rooms: questions on their abilities to treat individuals who do not desire their assistance

Tinius v. Carroll County Sheriff Dep't, 321 F. Supp. 2d 1064 (N.D. Iowa 2004)

Law enforcement officials are often the first to respond to emergent mental health crises and health care providers at hospital emergency rooms are often the first to treat an individual in the midst of a mental health crisis, frequently after a law enforcement official has brought the individual to the emergency room. Questions have arisen about their respective abilities to respond to and treat individuals who do not desire their assistance.  A federal court in Iowa afforded relatively wide latitude to the law enforcement officials, but less so to emergency room health care providers...

Found in DMHL Volume 24 Issue 1

Life-Time Ban from City Parks Can Be Imposed on Past Sex Offender Who Has Molestation Fantasies While "Cruising"

Doe v. Lafayette, Ind., 377 F.3d 757 (7th Cir. 2004 )

States and communities across the country have crafted numerous mechanisms to limit the activities of repeat sexual offenders.  The City of Lafayette, Indiana, banned one such offender from all of its public parks...

Found in DMHL Volume 24 Issue 1

Medicaid-Eligible Adults Who Are Mentally Retarded Can Sue State for Failure to Provide Community-Based Intermediate Care Facilities

Sabree v. Richman, 367 F.3d 180 (3d Cir. 2004)

The Medicaid Act furnishes funds to the states to help them provide medical assistance to eligible low-income individuals.  Although states are not required to participate in such programs, if they accept federal funding they must comply with the Medicaid Act and related federal regulations...

Found in DMHL Volume 24 Issue 1

Parental Rights Terminated for Failure to Remedy Mental Health, Substance Abuse, and Domestic Violence Issues That Adversely Affected Ability to Properly Parent Children

Carr v. James City County Div. of Soc. Servs., Nos. 0339-04-1, 0499-04-1, 2004 WL 1822374 (Va. Ct. App. 2004 )

It is not unusual for mental illness and substance abuse to figure prominently in a decision to remove a child from the custody of a parent, as well as in a decision to ultimately terminate parental rights.  In a recent case, the Virginia Court of Appeals ruled that a mother's failure to remedy issues associated with mental health, substance abuse, and domestic violence that adversely affected her ability to properly parent her children provided a sufficient basis for terminating the mother's parental rights.  The court indicated that its focus is not whether steps have been taken to remedy these issues, but what has been achieved as the results of these steps...

Found in DMHL Volume 24 Issue 1